Communications & Media Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

FTC Issues Order Against Debt Relief Company for Alleged Misrepresentations

On February 27, 2017, the Federal Trade Commission (FTC) entered into a stipulated order for permanent injunction and monetary judgment with defendants United Debt Counselors, LLC, a debt relief company, and its principals,...more

Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Anti-Aging Litigation

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Snitches get……massive cash rewards

On Monday 20 March 2017, the UK Competition and Markets Authority (CMA) announced a campaign to encourage whistle-blowers to come forward and expose cartels. The campaign is going to target social media and key websites. ...more

No hiding a cartel under a joint venture marketing company

We are used to companies being fined for cartels acting undercover to agree on prices or other market parameters. What about companies openly agreeing together through a joint venture company?...more

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more

$7.5 Million Reason to Call a Telemarketing Lawyer

On March 13, 2017, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the...more

Mexico Judicial Criteria Issued for Telecommunications Antitrust and Preponderance

One of the purposes of the 2013 Amendment to the Mexican Constitution was to promote competition in telecommunications and broadcasting services. As part of the reform, the Federal Telecommunications Institute, or Instituto...more

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies, Part II

As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the...more

The Competition Bureau applies strict standards to retail price claims in Canada

Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...more

FCC Votes To Block Its Own Privacy Rule

New Federal Communications Commission (“FCC”) Chairman Ajit Pai signaled last week that he is planning to take the first step to return authority over broadband providers’ privacy and data security practices to the Federal...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

Dietary Supplement Advertising

STATE REGULATION - State AGs and the New Administration - By John Villafranco and Katie Bond - As we discussed in recent interviews with Nutritional Outlook and Natural Products Insider, FTC enforcement against...more

National Debt Relief Provider Reaches $9 Million Settlement with FTC for Deceptive Solicitations

On March 7, the Federal Trade Commission (FTC) announced that the United States District Court for the Eastern District of Texas entered a stipulated order prohibiting a national debt relief provider from making misleading...more

Privacy Tip #77 – FTC Offers Tips to Businesses That Have Been Impersonated by Phishing Schemes

On March 6, 2017, the Federal Trade Commission (FTC) released tips and a video to businesses that have been impersonated by Phishing schemes. The guidance, entitled “Has a phishing scam hooked your company’s good name?”...more

Dechert survey: Developments in securities fraud class actions against U.S. life sciences companies

Life sciences companies continued to be popular targets of securities fraud class action lawsuits filed in 2016, and prudent life sciences companies should take heed of the results of this year’s decisions. In 2016,...more

Australian competition and consumer law update for food & beverage sector

The Australian Competition and Consumer Commission (ACCC) recently released its Compliance and Enforcement Policy for 2017. The compliance and enforcement priorities that are likely to be most relevant to businesses in the...more

Texas Bill Proposes Revision to Sweepstakes Law

A bill was introduced Friday that would affect the applicability of the Texas sweepstakes statute. Texas Business and Commerce Code Ch. 622 regulates the advertising and administration of promotions that award prizes based...more

Sale Price Advertising and Fictitious MSRP Litigation

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Don’t Like Negative Reviews? Read This Before You Delete Them

Late last year, the Consumer Fairness Review Act became law, placing new restrictions on what companies can include in form contracts that impede consumers’ ability to communicate honest reviews of products, services, and...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

What the FTC Wants Businesses to Know About the New Law Protecting Consumers’ Rights to Post Negative Online Reviews

In a recent blog post, we introduced you to the new Consumer Review Fairness Act (CRFA), which prohibits businesses from including non-disparagement or “gag” clauses in their form contracts. The CRFA goes into effect...more

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