The Bottom Line The Supreme Court has found that the Federal Trade Commission (FTC) can no longer rely on Section 13(b) of the Federal Trade Commission Act (FTC Act) in order to seek monetary penalties for violations of Section 5 of the FTC Act for “unfair methods of competition” and “unfair or Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line As more and more marketers take to the Internet to provide goods and services in this post-pandemic era, subscription-based offerings are on the rise. With the click of a mouse, consumers can get everything from vitamins, to wine, to work out gear on an auto-recurring basis. Continue Reading
After Electoral Dysfunction, What Subprime Auto Can Expect From a Biden Administration
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line Age of Learning, Inc. (Age of Learning), which operates as ABCmouse, a subscription service for young children’s educational content, agreed to pay $10 million dollars to settle claims by the Federal Trade Commission (FTC) regarding its negative option and billing practices, Continue Reading
E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing
7th Edition: Trends in Marketing Communications Law If you look at your credit card statements, chances are that you have one or more recurring monthly or annual charges, whether for media subscriptions, meal delivery services, workout apps, cosmetics shipments or clothing rentals. Subscription Continue Reading
Record COPPA Settlements Indicate Stronger Privacy Protections for Children
7th Edition: Trends in Marketing Communications Law Last year, the Federal Trade Commission (FTC) reached record settlements with popular online social media platforms that were collecting personal information from children in violation of the Children’s Online Privacy Protection Act Continue Reading
Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World
7th Edition: Trends in Marketing Communications Law In a marketing landscape dominated by social and digital platforms, the lines between advertising and content — and reality and virtual reality — are becoming more and more blurred. When influencers (formerly known as “bloggers”) and online Continue Reading
Regulators Target False Advertising for Post-Secondary Education
7th Edition: Trends in Marketing Communications Law Federal Trade Commission (FTC) enforcement efforts tend to focus on certain areas where the perceived harms are high. Although the FTC has historically focused on blatantly fraudulent practices or practices likely to have a negative effect on Continue Reading
How “Natural” Is That Cosmetic? Legislators May Decide.
7th Edition: Trends in Marketing Communications Law Consumers are becoming increasingly savvy, even as the retail landscape is constantly evolving with new categories and sub-categories. In the cosmetics space, new independent brands have joined an already crowded field, while established Continue Reading
Senators Urge the FTC to Investigate “Privacy Violations” by Adtech Companies
The Bottom Line Senators Wyden and Cassidy, along with eight other members of Congress, sent a letter to Federal Trade Commission (FTC) Chairman Joseph Simmons on July 31 urging the FTC to investigate what they called “widespread privacy violations by companies in the advertising technology Continue Reading