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Online Platforms Disclosure Requirements

Perkins Coie

FCC Proposes Rules Requiring Disclosure of AI-Generated Content in Political Ads

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This presidential election season has heightened concerns about the use of artificial intelligence (AI)-generated content in political ads to mislead voters. With this concern in mind, the Federal Communications Commission...more

Mayer Brown Free Writings + Perspectives

Broker-Dealer Settles FINRA Charges for Failures Relating to Use of Social Media Influencer Program

On March 18, 2024, FINRA announced that it has fined a broker-dealer $850,000 in connection with the firm’s program to pay individuals with followings on social media sites (i.e., “influencers”) to promote the firm in social...more

BCLP

Digital Speaks: Don’t Be Shy, Disclose Ai!

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With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially...more

Troutman Pepper

State AGs Settle With Choice Hotels Over Hidden “Resort” Fees

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Four state attorneys general (state AGs) — Colorado, Oregon, Pennsylvania, and Texas — have announced resolutions with Choice Hotels International, Inc. (Choice Hotels), a prominent hotel conglomerate known for operating...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

Cozen O'Connor

Artificial Intelligence Systems, Profiling, and the New U.S. State Privacy Laws

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The rapid spread of Artificial Intelligence (AI) systems in recent years has overlapped with the enactment of comprehensive privacy laws by multiple U.S. states. Aside from being generally applicable to AI systems in the...more

Hudson Cook, LLP

FTC Snares Deceptive Apartment Reviews, Issues New Marketing Guides and Proposed Rule

Hudson Cook, LLP on

The Federal Trade Commission and six state attorneys general on August 28 resolved an enforcement matter against apartment listing platform Roomster over fake reviews and listings. Brought under Section 5 of the FTC Act and...more

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Foley & Lardner LLP

France’s New Influencer Law Adopted June 1, 2023

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In today’s social media era, influencer marketing has become an integral part of brand promotion and consumer engagement. Recognizing the growing impact of influencers and the need for greater transparency across social media...more

K&L Gates LLP

Brussels Regulatory Brief: May 2023

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ANTITRUST AND COMPETITION - New Dawn Raids in the Luxury and Fashion Sector in the European Union - On 18 April 2023, the European Commission (Commission) conducted unannounced inspections (i.e., dawn raids) at the premises...more

BakerHostetler

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

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The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more

BakerHostetler

California’s AB 587: What You Need to Know About Social Media Content Moderation

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On Sept. 13, California Gov. Gavin Newsom signed into law AB 587, which requires social media companies to publicly post their content moderation policies and semiannually report data on their enforcement of the policies to...more

Lerman Senter PLLC

FTC Proposes to Strengthen Advertising Guidelines Against Fake and Manipulated Reviews

Lerman Senter PLLC on

The Federal Trade Commission (FTC) is proposing to update its Guides Concerning the Use of Endorsements and Testimonials in Advertising to address new marketing methods introduced since the Guides were last updated in 2009....more

Proskauer - Advertising Law

Crypto Chaos: EthereumMax Executives, Kim Kardashian, Floyd Mayweather, Jr., and Paul Pierce Sued in Cryptocurrency Advertising...

Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more

BakerHostetler

AD-ttorneys@law: Consumer Reviews: Paid? Fake? Negative?

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Let’s be honest. Customer reviews and testimonials influence buying decisions -- an online review can make or break the path to purchase. Amy Ralph Mudge is her authentic self as she outlines the legal framework and counts...more

BakerHostetler

NAD Clarifies Material Connection Disclosure Requirements for TikTok Videos Gone Viral

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If you learned a new dance routine, tie-dyed clothing, made whipped coffee or took part in a “challenge” while staying safely at home during the COVID-19 pandemic, you probably have TikTok to thank. TikTok, which has more...more

Seyfarth Shaw LLP

Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales

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Acknowledging that “[c]onsumers are clamoring for the opportunity to purchase the vehicles of their choice online because it expands the options available and enables them to save a considerable amount of time and possibly...more

Fenwick & West LLP

FTC Public Workshop on Loot Boxes – So What Now?

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With consumers, gamers and lawmakers expressing concerns about whether loot boxes are predatory or contribute to gambling-like behavior, game developers can take steps to minimize the possibility of their games inviting...more

ArentFox Schiff

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

ArentFox Schiff on

The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more

Ballard Spahr LLP

Prepaid account agreements database now on CFPB website

Ballard Spahr LLP on

The CFPB’s final rule on prepaid accounts, which became effective on April 1, 2019, requires issuers of prepaid accounts, with certain exceptions, to submit to the CFPB all account agreements that the issuer offers, amends,...more

Akin Gump Strauss Hauer & Feld LLP

California’s New Bot Law Prohibits Use of Undeclared Bots

On July 1, California became the first state in the country to require that “bots” reveal their “artificial identity” when they are used for certain commercial and political purposes. The law does not provide for a private...more

Proskauer - New Media & Technology

Get All of Your Bots in a Row: 2018 California Bot Disclosure Law Comes Online Soon

During the 2016 election, certain Russian operatives used fake social media profiles to influence voters and also created bot accounts to add likes to and share posts across the internet. And more recently, in January 2019,...more

Perkins Coie

I Am Robot: California’s New Law Requires Disclosure of Use of Bots

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Businesses that use chatbots to interact with customers online may be affected by California’s new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), that goes into effect July 1, 2019. As the nation’s first...more

K&L Gates LLP

Stopping Traffick: How to Plan for a Digital Crisis Before it Strikes

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As companies strive to comply with rules and regulations to ensure that their supply chains are compliant, efforts can be impacted by false information discussed digitally. In this episode, we discuss how companies can avoid...more

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