From our base in New York, we represent a diverse range of clients across the country and around the world.

Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims

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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

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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

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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

FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception

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The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception.  The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure Continue Reading

FTC to “Crack Down” on Ed Tech’s Use of Children’s Data

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The Bottom Line The FTC is fully committed to cracking down on companies that illegally surveil children learning online.Companies should follow best practices to avoid fines that could reach millions for violating children’s privacy. The Federal Trade Commission (FTC) unanimously approved a Continue Reading