The Bottom Line With less than a month until the 2020 election and the presidential debates in full swing, campaigns are entering the crucial “get out the vote” period of their campaigns and are doing everything they can to motivate their supporters and ensure voters get to the polls. Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of Continue Reading
FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices
The Bottom Line The Federal Trade Commission (FTC) filed a complaint against SuperGoodDeals.com, Inc. (SuperGoodDeals) and the company’s owner, Kevin Lipsitz, alleging that the defendants falsely promised next-day shipping of face masks and other personal protective equipment (PPE) during the Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line The Federal Trade Commission (FTC) recently issued a staff report and proposed a Made in USA Labeling Rule (Proposed Rule) in an effort to strengthen the FTC’s enforcement program and make it easier for businesses to understand and comply with the law. The Proposed Continue Reading
Kendall Jenner Pays $90,000 to Settle Bankruptcy Claim over Fyre Festival Post
The Bottom Line Influencers and celebrity endorsers have a duty to disclose their material connections with the brands they tout on social media. Failure to do so could result in an enforcement action by the Federal Trade Commission (FTC). See another recent example of these issues in Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line In the wake of the global pandemic caused by the novel coronavirus, the U.S. Food and Drug Administration (FDA) has issued dozens of warning letters to various companies — including so-called ‘affiliate marketers’ — asserting that they have fraudulently marketed products that Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Even after the coronavirus crisis has subsided, social distancing will have left its mark, most notably on the advertisements we watch on TV and see on the Internet. Can anyone honestly say they could watch Coca-Cola’s iconic “Hilltop” commercial now without urging the singers Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Numerous unscrupulous retailers are seizing on the COVID-19 crisis — and the public health fear that the overall population is experiencing — to make some wild and unsubstantiated claims about how CBD products can help cure or ward-off the novel coronavirus. Both the Federal Continue Reading
SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency
The Bottom Line Hollywood actor and producer Steven Seagal settled allegations brought by the U.S. Securities and Exchange Commission (SEC) that he failed to disclose the compensation he received for promoting investments in an initial coin offering (ICO) conducted by Bitcoiin2Gen Continue Reading
The Warnings Were Real: FTC Fines Teami, and Sends Letters to Influencers about Inadequate Disclosures
The Bottom Line Teami, LLC (Teami) agreed to settle Federal Trade Commission (FTC) charges that the company made false and unsubstantiated health claims regarding its tea and skincare products and hired influencers who failed to adequately disclose that they were being paid to endorse its Continue Reading