Davis+Gilbert is a proud sponsor of the National Advertising Division (NAD) and the Children’s Advertising Review Unit’s (CARU) West Coast Conferences 2018 taking place in San Francisco, CA on May 1-2. Allison Fitzpatrick, Davis+Gilbert Advertising + Marketing partner, will moderate a session Continue Reading
Think Tank | Hot Legal Topics in Affiliate Marketing
Gary Kibel, Davis+Gilbert Advertising + Marketing partner, will lead the session titled "Hot Legal Topics in Affiliate Marketing" at Think Tank, to be held in Chicago, Illinois, on April 5. Gary will be presenting on hot topics in the affiliate marketing industry, including influencer marketing, Continue Reading
What We Can Learn from the FTC’s 2017 Privacy and Data Security Update
The Bottom Line The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in Continue Reading
PR Week | Battling the Real ‘Fake News’
FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules
The Bottom Line The FCC's enforcement action against Sinclair for apparent failure to disclose sponsorship identification resulted in a record-setting proposed fine. This is part of a larger, recent trend by regulators ensuring that relevant material information is disclosed to consumers in an Continue Reading
FTC Announces First COPPA Action Involving Connected Toys
The Bottom Line As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, Continue Reading
Campaign US | The Warnings Were Real: How to Avoid Regulatory Action Against Influencers
Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements
The Bottom Line The FTC's settlement with the Defendants allegedly engaged in these deceptive marketing practices serves as a reminder that the parties responsible for online advertising using public figures’ names and images without authorization can be identified and stopped, and that those Continue Reading
FTC Settles with Mobile App Developer Over Unauthorized Charges
The Bottom Line The Pact case demonstrates that marketers can incur liability even when consumers affirmatively agree to be charged on a recurring basis. Unlike other negative option cases, there is no allegation here that consumers did not knowingly enter into a continuity plan – on the contrary, Continue Reading
FTC Charges Online Negative Option Marketing Scheme with Deceiving Shoppers
The Bottom Line The FTC’s complaint, and the district court’s response, highlight the continuing regulatory scrutiny into negative option marketing practices and the importance of disclosing the material terms of an offer in a clear and conspicuous manner to consumers before they pay or incur a Continue Reading