The Bottom Line The new Instagram branded content tool is intended to provide greater transparency in the social media space by disclosing relationships between influencers and brands.Implementing this tool appears to be Instagram’s response to the FTC’s growing concern about paid endorsements on Continue Reading
Trampoline Sellers Settle FTC Charges Over Alleged Fake Logos, Websites and Reviews
The Bottom Line As evidenced by the FTC's action against the Le brothers, companies should not use fake review sites or misleading third-party endorsements or seals to sell their products or disparage competing products.Instead, they should clearly and conspicuously disclose material connections Continue Reading
Network Advertising Initiative Annual Member Summit | iOS10, Platform Controls & Bears, Oh My! Tackling Privacy Challenges in a Changing Environment
Davis+Gilbert is a proud sponsor of the 2017 Network Advertising Initiative Summit to be held at Chelsea Piers in New York on May 17. The Summit will highlight innovative new technology in digital advertising and consumer privacy and address best practices for the third-party online ecosystem. Continue Reading
Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children’s Unauthorized In-App Charges
The Bottom Line The district court's decision, no longer subject to appeal, is a clear statement that the unauthorized billing of parents for in-app purchases made by their children without informed parental consent violates the FTC Act. This case serves as a reminder that companies need to ensure Continue Reading
FTC Tells Influencers to Disclose Connections on Social Media
The Bottom Line The FTC’s letters to influencers and marketers highlight the importance of ensuring that "material connections" between influencers and marketers are "clearly and conspicuously" disclosed. Marketers should review their social media marketing policies because failure to comply could Continue Reading
Retail Practices Are In Vogue For Regulators, and Class Action Lawyers
4th Edition: Trends in Marketing Communications Law The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing and other retail practices. For example, Continue Reading
Data Privacy and Security Laws Get Stronger, and Face New Challenges
4th Edition: Trends in Marketing Communications Law As data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security. The Federal Trade Commission (FTC) has issued several reports, tools, and guidance in Continue Reading
Native Advertising Faces Growing Regulatory Focus
4th Edition: Trends in Marketing Communications Law The continuing growth in native advertising is leading to increasing regulatory scrutiny into whether consumers can distinguish native advertisements from surrounding non-paid content, and whether disclosures are being used Continue Reading
Regulators Address Consumer Trust, Choice and Safety In Digital Marketing
4th Edition: Trends in Marketing Communications Law Businesses and regulators are focusing on cross-device tracking, ad blocking technologies and ad fraud, with particular attention to consumer trust, choice and safety issues. The cross-device guidance issued by the Digital Advertising Continue Reading
Influencer Campaigns See Increased Scrutiny
4th Edition: Trends in Marketing Communications Law Marketers and their agencies are seeing increased regulatory scrutiny of their influencer campaigns as the popularity of influencers continues to grow and influencer networks become a greater marketing force. The Federal Trade Commission Continue Reading