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Social Media › Misrepresentation

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
A&O Shearman

Northern District Of California Pares Claims In Putative Class Action Against Social Media Company

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On September 30, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action asserting claims...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

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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

Perkins Coie

FTC Finalizes Rule Banning Fake Reviews and Testimonials

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The Federal Trade Commission (FTC) recently finalized its Rule on the Use of Consumer Reviews and Testimonials (Rule) to combat fake reviews and testimonials. The finalized Rule comes after the FTC reviewed 100 public...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 20, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Hinch Newman LLP

FTC Announces Final Rule Banning Fake and False Consumer Reviews and Testimonials

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On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more

A&O Shearman

United States Supreme Court Grants Certiorari To Consider When Already-Materialized Risks Must Be Disclosed

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On June 10, 2024, the United States Supreme Court granted certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit that partially reinstated a putative class action asserting claims under...more

Ward and Smith, P.A.

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

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As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more

Cozen O'Connor

The State AG Report – 11.30.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • FTC Doesn’t Sugarcoat Warning Letters to Social Media...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – November 2023 Update

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An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of...more

A&O Shearman

Southern District Of New York Denies In Part And Grants In Part Motion To Dismiss Securities Class Action Against Social Media...

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On September 29, 2023, Judge Andrew L. Carter, Jr. of the United States District Court for the Southern District of New York denied in part and granted in part a motion to dismiss a putative securities class action against...more

Hendershot Cowart P.C.

FTC Updates Guidelines for Social Media Endorsements

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Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more

Ervin Cohen & Jessup LLP

FTC Proposes Ban on Fake Reviews and Testimonials

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On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials. The proposed rule follows FTC’s November 2022...more

DarrowEverett LLP

Should Influencers Be Held Liable for the Promotion of Digital Assets?

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The world’s ever-changing technological landscape has led to the formation of new mediums of creativity — mediums that the sports and entertainment industry cannot ignore. Digital currencies, virtual universes, and enhanced...more

Vinson & Elkins LLP

SEC Charges Eight Social Media Influencers: Takeaways for Companies and Individuals

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On December 14, 2022, the Securities and Exchange Commission (“SEC” or the “Commission”) announced charges against eight social media influencers in a $100 million securities fraud scheme, alleging that they manipulated the...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

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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

A&O Shearman

Northern District Of California Grants In Part Summary Judgment In Securities Fraud Action Against Electric Carmaker Over Twitter...

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On May 10, 2022, Judge Edward Chen of the United States District Court for the District of Northern California unsealed an April 1, 2022 order granting in part a motion for summary judgment in a securities class action...more

A&O Shearman

Ninth Circuit Affirms Decision Dismissing Investor Class Action Against Social Media Company Because The Company’s Statements Were...

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On March 23, 2022, Judge Kenneth K. Lee of the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the Northern District of California’s dismissal of claims brought under...more

Farrell Fritz, P.C.

Herbal COVID Remedy Is Not The Government’s Cup of Tea

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Last week, the EDNY and the DOJ Consumer Protection Branch brought a civil enforcement action against defendants who manufacture and sell an herbal tea product called B4B Earth Tea Extra Strength (“Earth Tea”).  Earth Tea...more

Proskauer - Advertising Law

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

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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

Vinson & Elkins LLP

The SEC’s Enforcement Interest in SPACs Continues as the Commission Announces Another SPAC Settlement; And Beware of Disclosure by...

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Earlier this week, the Securities and Exchange Commission (“SEC”) announced a $125 million settlement of charges against Nikola Corporation (“Nikola”), a publicly-traded company created through a special purpose acquisition...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements

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The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more

Proskauer - Advertising Law

On Notice: FTC Issues Warning to Hundreds of Companies Regarding the Use of Fake Reviews and Other Misleading Endorsements in...

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Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade Commission last week sent more than 700 companies a Notice of Penalty...more

Katten Muchin Rosenman LLP

FTC Warns Massive List of US Companies Not to Deceive Consumers With False Endorsements and Reviews

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On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more

Searcy Denney Scarola Barnhart & Shipley

8 Social Media Tips for Car Accident Claimants

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Social media can be lighthearted, funny, informative (e.g., who has the best New York Style Pizza in West Palm Beach?), and just plain fun. It can also be a catalyst for many positive changes; e.g., badly needed fundraisers....more

Perkins Coie

What to Expect From the Biden FCC

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What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden? While we don’t have a crystal ball, we know that the president-elect has pledged to “build back better,”...more

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