Federal Trade Commission Marketing

The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or... more +
The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or deceptive marketing claims, as well as regulating unfair business practices that undermine the competitive marketplace.    less -
News & Analysis as of

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

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

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

Lack Of Prejudice Results In Limited Sanction Against Defendant

In one of the first cases interpreting newly amended Fed. R. Civ. P. 37, F.T.C. v. DirecTV, Inc., 15-cv-01129-HSG, 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016), Magistrate Judge Maria Elena James of the Northern...more

Cross-Device Tracking and the Trouble with Talkative Tech

Did you know that your devices are following you and talking amongst themselves? Creepy, right? From ordering products from your smartphone that you added to your shopping cart on your laptop’s browser to streaming a movie...more

FTC Cautions Companies on Cross-Device Tracking Disclosures

On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and...more

Time to Review Your Online Marketing Practices and Privacy Policies

Earlier this week, the Federal Trade Commission (FTC) released a staff report on cross-device tracking which is part of a larger series of efforts by the FTC to explore emerging issues in the ever-evolving area of online...more

FTC Settles False Advertising Action Against Breathometer, Inc.

On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a...more

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more

FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement. The lawsuit claims that the marketers of the...more

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more

FTC Settles with Vemma Nutrition for $238 Million Arising from Pyramid Scheme

Last month, the Federal Trade Commission (“FTC”) settled with Vemma Nutrition Company for allegedly engaging in deceptive business practices and sales tactics akin to a pyramid scheme. According to the FTC, the company made...more

2017: Predictions From Socially Aware’s Editors and Contributors

The beginning of a new year is a time for resolutions and predictions. We won’t bother Socially Aware readers with our resolutions for 2017, but we thought that we would share some predictions for the new year from our...more

Healthcare Law Update: December 2016

Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...more

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in...more

Vemma Settles Ongoing Litigation with FTC over Pyramid Charges

The FTC announced today that it had settled charges with multi-level marketer and seller of health and wellness drinks Vemma over allegations that it operated a pyramid scheme. The FTC initially filed the action in August...more

All Natural Marketer Found to have Violated the FTC Act

On December 5, 2016, the Federal Trade Commission (“FTC” or “Commission”) issued an opinion finding that California Naturel, Inc. (“CNI”) had violated the FTC Act by falsely marketing its sunscreen products as “all natural,”...more

AT&T to Issue $88 Million in Consumer Refunds for Mobile Cramming

The Federal Trade Commission (“FTC”) has announced an historic consumer refund initiative to provide relief to millions of AT&T Mobility, LLC (“AT&T”) customers that were the subject of mobile cramming. The settlement arises...more

Companies Perceived By FTC As Emerging Threats

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month DPI creates a “Surge” report that...more

Facebook Implements Additional Measures to Prevent Discriminatory Practices in Targeted Advertisements

Responding to news reports that journalists were able to purchase advertising on Facebook targeted to ethnic groups, Facebook announced several new changes to the company’s advertising products. The move highlights heightened...more

FTC Addresses Homeopathic Drug Advertising

The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market. Long permitted to fly under the FTC’s...more

Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more

Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal        

In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message...more

The FTC's Crackdown on Social Media #Ads

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

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