As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more
10/3/2024
/ Advertising ,
Artificial Intelligence ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Compensation ,
Compliance ,
Disclosure Requirements ,
Enforcement ,
Fake Reviews ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misleading Statements ,
Misrepresentation ,
Ratings ,
Social Media ,
Testimonial Statements
On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated...more
7/8/2024
/ Advertising ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Marketing ,
New Guidance ,
Tariff Act of 1930
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients.
The FTC will consider numerous factors, including, but not limited to, the extent to...more
6/13/2024
/ Advertising ,
Advertising Substantiation ,
Deceptive Intent ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Telemarketing ,
Testimonial Statements ,
Third-Party Liability ,
UDAP ,
Unfair or Deceptive Trade Practices
On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
12/29/2023
/ Advertising ,
Advertising to Minors ,
Audio Recording ,
Biometric Information ,
Consent ,
COPPA ,
Data Collection ,
Data Deletion ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Notice Requirements ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Remedial Actions ,
Third-Party
On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses.
FTC...more
10/16/2023
/ Advertising ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Price Comparisons ,
Proposed Rules ,
Subscription Services ,
Transparency ,
Utilities Sector
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more
7/3/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Bureau of Consumer Protection ,
Child Safety ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Guidance Update ,
Incentives ,
Influencers ,
Investigations ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Penalties ,
Proposed Rules ,
SCOTUS ,
Social Media ,
Targeted Digital Advertising ,
Testimonial Statements
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
6/19/2023
/ Advertising ,
Business Opportunity Laws ,
Consumer Review Fairness Act (CRFA) ,
Cooling-Off Rule ,
E-Commerce ,
False Advertising ,
Federal Trade Commission (FTC) ,
Frozen Assets ,
FTC Act ,
Investment ,
Marketing ,
Real Estate Investments ,
Remote Working ,
Restraining Orders ,
Sales Promotions ,
Social Media ,
Software ,
Unlawful Practices
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising.
This follows an FTC announcement in December 2022 that...more
6/5/2023
/ Advertising ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
Marketing ,
Popular ,
Public Comment ,
Recycling ,
Section 5 ,
Unfair or Deceptive Trade Practices
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more
5/1/2023
/ Advertising ,
Amazon ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment Management ,
Robocalling ,
Unfair or Deceptive Trade Practices
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
4/17/2023
/ Advertising ,
AMG Capital Management LLC v FTC ,
Appeals ,
Civil Monetary Penalty ,
Consent Order ,
Department of Justice (DOJ) ,
Due Process ,
Endorsements ,
Enforcement ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Misleading Statements ,
Misrepresentation ,
SCOTUS ,
Securities and Exchange Commission (SEC)
When it comes to evaluating false and deceptive advertising, the Federal Trade Commission considers an ad deceptive, in part, if it contains a statement - or omits information – that is likely to mislead consumers acting...more
Advertisers, beware.
On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more
1/17/2023
/ Advertising ,
Civil Monetary Penalty ,
Dot Com Disclosure Guide ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment ,
Investment Adviser ,
Refunds ,
ROSCA ,
Trading Platforms
The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands....more
12/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
FTC Endorsement Guidelines ,
SCOTUS ,
Unfair or Deceptive Trade Practices
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022.
The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
9/27/2022
/ Advertising ,
Credibility ,
Deceptive Intent ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Liability ,
Misrepresentation ,
Online Reviews ,
Penalties ,
Proposed Rules ,
Social Media ,
Testimonial Statements
UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and...more
9/19/2022
/ Advertising ,
Audits ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Influencers ,
Social Media ,
Summary Judgment ,
TikTok ,
Vicarious Infringement
A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more
9/1/2022
/ Advertising ,
Bureau of Consumer Protection ,
CID ,
Code of Federal Regulations (CFR) ,
Defense Strategies ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
FOIA ,
Information Technology ,
Investigations ,
Marketing ,
Meet and Confer ,
Rules of Practice ,
SCOTUS ,
Subpoenas ,
Unfair or Deceptive Trade Practices
A proposed FTC settlement that involves alleged false Made in USA representations and alleged deceptive COVID claims was recently filed by the Department of Justice on the FTC’s behalf against an individual and the two...more
8/15/2022
/ Advertising ,
Civil Monetary Penalty ,
COVID-19 Consumer Data Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Product Packaging ,
Warning Letters
You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter.
Now what?...more
8/5/2022
/ Advertising ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Competition ,
Digital Platforms ,
Electronically Stored Information ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Subpoenas ,
Unfair or Deceptive Trade Practices
Attention Lead Generators.
The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
8/3/2022
/ Advertising ,
CIPA ,
Class Action ,
Data Collection ,
Electronic Communications ,
Electronic Monitoring ,
Invasion of Privacy ,
Prior Express Consent ,
Privacy Policy ,
Statutory Violations ,
Terms of Service ,
Video Recordings ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping