The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading
A Banner Year for Online Political Ads in a Socially-Distanced Reality
The Bottom Line Although the future of some state laws governing online political advertising is uncertain, at this time, many states still have laws governing online political advertising in effect, and state attorneys general are eager to enforce these regulations. In addition, the DAA has Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line The Supreme Court’s upcoming decision will likely resolve a longstanding circuit split on what constitutes an automatic dialer under the TCPA.If the Court adopts Facebook’s narrower view, its decision could significantly reduce the number of TCPA class action suits filed going Continue Reading
FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices
The Bottom Line Retailers should ensure that they are transparent about the availability of their inventory and shipping timeframes. Failing to communicate with consumers (or worse, communicating deceptive promises) can result in significant liability under the FTC Act and the Mail Order Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line Marketers who use “Made in the USA” claims on any labels or marketing materials should review those claims in light of the proposed new standards, and be sure to watch for any new developments from the FTC.The FTC is accepting public comments on the Proposed Rule until August 21, Continue Reading
Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post
The Bottom Line Kendall Jenner agreed to pay $90,000 to settle claims in a bankruptcy proceeding arising out of her now-deleted Instagram post that promoted the ill-fated Fyre Festival. This settlement is a potent reminder of the breadth of risks that influencers and celebrities may face when Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Marketers need to tread lightly when showing advertisements of people going back to their daily lives, even if the advertisements show social distancing, as these ads may not reflect the reality for everyone in this country.If marketers do show people going back to their daily Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Consumer protection regulators are taking the COVID-19 crisis very seriously.The FTC and FDA have both stepped up enforcement actions against companies making unsubstantiated claims that CBD products may help combat the disease.The FDA has issued numerous emergency warning letters Continue Reading
SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency
The Bottom Line When agreeing to promote or endorse a cryptocurrency, celebrities must think outside of the FTC box because the SEC’s disclosure rules go above and beyond the FTC’s requirements. Even if a celebrity is already described as a “brand ambassador,” the SEC requires disclosure of Continue Reading