6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
The NAD Exposes Hidden Fees
6th Edition: Trends in Marketing Communications Law As a regulatory force in its own right, the National Advertising Division (NAD) makes waves whenever it brings a challenge on its own behalf against a major advertiser. And, with recent leadership changes for the Advertising Self-Regulatory Continue Reading
State Attorneys General Take the Reins in Policing Deceptive Advertising
6th Edition: Trends in Marketing Communications Law It can be easy to focus solely on the Federal Trade Commission (FTC) when evaluating the regulatory landscape for advertising and marketing practices. But with the FTC still ramping up its new commissioners, who were sworn in between May and Continue Reading
After 20 Years, COPPA Shows No Signs of Slowing Down
6th Edition: Trends in Marketing Communications Law Last year marked 20 years since Congress passed the Children’s Online Privacy Protection Act (COPPA). Fittingly, the Federal Trade Commission (FTC) kicked off 2018 by settling two back-to-back cases with companies alleged to have violated COPPA. Continue Reading
FTC Workshop Takes Aim at Online Ticket Sales Market
The Bottom Line The FTC Workshop highlighted the issues facing consumers attempting to purchase event tickets online, where conflicting viewpoints emerged between preventing seller abuse and protecting buyers’ freedom to dispose of their tickets as they choose.Given the cutthroat competition in Continue Reading
Two Websites Settle FTC Allegations That They Failed to Secure Consumer Data
The Bottom Line The security of consumer data is an important priority for the FTC and has become even more important in recent years, particularly when such data is subject to attacks by malicious third parties. The FTC emphasized that both settlements contained “new requirements” going beyond Continue Reading
FTC and FDA Target Advertising of CBD Health Claims
The Bottom Line The legalization of hemp is a major step in establishing a potentially significant new industry. However, producers and marketers need to exercise caution when making health-related claims in connection with hemp-based product. The FTC and FDA will continue to aggressively review Continue Reading
FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices
The Bottom Line The FTC continues to take action where it finds that marketers are engaging in misleading incentivized product review practices or enrolling customers in deceptive “free trial” negative option plans without providing the appropriate disclosures and obtaining the consumer’s Continue Reading
FTC Plans Workshop on ‘Loot Boxes’
The Bottom Line A strong push has come forth from the likes of Senator Hassan, other legislators, the FTC and consumer lawsuits regarding consumer protection issues related to “loot boxes” in video games. This year may see efforts at regulating loot boxes move forward to the extent they have not Continue Reading
Video Social Networking App Agrees to Pay $5.7 Million to Settle FTC’s COPPA Action
The Bottom Line The sheer size of the Musical.ly settlement illustrates that the FTC continues to have a strong interest in enforcing COPPA. Online services cannot hide behind language in their terms and conditions claiming not to be child-directed when they include numerous activities that Continue Reading