The Bottom Line Online cash advance provider FloatMe Corp. will pay $3 million as part of a settlement with the Federal Trade Commission (FTC) for allegations of unfair and deceptive tactics against customers. The settlement, announced January 22 by the FTC, came after the Continue Reading
Unwrapping the FTC’s Proposed Updates to the COPPA Rule
The Bottom Line On December 20th, the FTC announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA), which was last updated in 2013. The updates are intended to respond to technological changes, provide greater protections for kids’ personal information and ensure Continue Reading
FTC Finalizes CARS Rule
Update The FTC is postponing the effective date of the CARS Rule while a legal challenge brought by the National Automobile Dealers Association and the Texas Automobile Dealers Association is pending. The trade groups have stated that the rule is “arbitrary, capricious, an abuse of discretion, Continue Reading
FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme
The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading
Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids
The Bottom Line Children and teens are spending a considerable amount of time in immersive environments, where advertising content can be difficult to distinguish from entertainment, educational or other content.Following a wave of recent Children and Teens’ Online Privacy Protection Act (COPPA) Continue Reading
The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading
Talking Trash: Takeaways from FTC Workshop on Recyclable Claims
The Bottom Line The FTC is continuing its review of the Green Guides and companies should stay tuned for further updates.The FTC is accepting public comments on "recyclable" claims through June 13, 2023. The FTC is in the process of reviewing – and potentially revising – its Guides for the Continue Reading
Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims
The Bottom Line As the FTC appears focused on seeking monetary penalties in response to product claims, brands and marketers should ensure that their practices are lawful.While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a Continue Reading
FTC Warns Marketers on AI Claims in Advertising
The Bottom Line The FTC is paying close attention to artificial intelligence, its work product and any false or unsubstantiated claims stemming from it.Marketers must have adequate support for any claims they make about their AI products or they could face FTC scrutiny. As anticipated in our Continue Reading
FTC Staff Report Brings Dark Patterns to Light
The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading