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

FTC Continues Its Pursuit of "Robocalling" Platforms

With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more

Advertising News & Analysis - April 17, 2014

In this issue: - Ortiz/Obama Selfie Exposes Social Media's Blurred Lines - DMCA Takedown? Not Without a Registration - Let It Go: A Tale of Assets Unfrozen - Upcoming Events - Excerpt from...more

Quote of the Week – Future of 2014

“Looking from your perspective, what will be the most important issue, whether it be an opportunity or a threat, in the direct selling industry that will need a closer focus Next Year?” As one American troubadour notes,...more

Congress Steps Up its Scrutiny of Data Brokers

In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and...more

Advertising Law - Feb 6, 2014

High-Profile Mistake Could Cost Data Brokers: Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry? The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more

Introducing the New Multi-Level Marketing Governing Act

Taiwan has approximately 369 multi-level marketing (MLM) companies and a total of 3.09 million MLM participants, as of December 31, 2012. Adjusting for people who participate in more than one MLM company, almost 12% of...more

The Online Marketer’s Guide To Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

Consumer Data Privacy Update for Marketers, Part 1: Children’s Online Privacy Protection Act Amendments

New technologies enable marketers to collect and analyze more — and more specific— data than ever before. Marketers can track consumers across the internet and mobile applications, and can deliver advertising based on...more

Advertising Law -- Nov 18, 2013

C May Now Be For Celery or Carrots - Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department. In a...more

FTC Enforcement Initiatives Spotlight Risks In Making Green Marketing Claims

The Federal Trade Commission has launched an enforcement program to encourage compliance with the agency’s recently revised Green Guides. It has brought at least 12 actions alleging deceptive and misleading claims based on...more

What is “Front Loading” or “Inventory-Loading?”

Front loading is when a MLM company requires a consultant to purchase an unreasonable amount of inventory that cannot realistically be resold and/or used within a reasonable amount of time. Apart from general pyramiding...more

Advertising News & Analysis - October 17, 2013

In this issue: - Venable Opens Bay Area Office - District of Columbia, 48 States Reach $30 Million Settlement with Buying Club Marketers - The Government is Open. Now What? - Sweepstakes and...more

FTC Takes Tough Action Against ‘Scareware’ Tactics

A great way to make money is to develop a product or service that responds to a consumer want or demand, and then to stay ahead of prospective competitors by offering better pricing or quality. A not-so-great way to make...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

Advertising News & Analysis - August 22, 2013

In this issue: - Register Now and Join Us at ERA D2C Convention - Patent Troll’s Gift Card Suits Come Up Short - Cooperation Drives Positive Developments in Bilateral Brand Protection - FTC Sees...more

Advertising News & Analysis - August 15, 2013

In this issue: - Register Now for ERA D2C Convention - NAD Has FTC's Number...And is Not Afraid to Use It - Venable Obtains Decisive Victory for Email Advertisers and Marketers - More on...more

Advertising News & Analysis - July 18, 2013

In this issue: - FTC Finalizes EnergyGuide Label Changes - Brand Protection: What You Don't Know Can Hurt You - Staffing Announcements Set Tone at FTC - FCC Rules May Disconnect Marketing to Mobile...more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Celebrity Endorsements: A Measured Return on Investment

A universally accepted objective of brand marketing is to become aligned with a well-respected, credible and complementary brand with sufficient notoriety to positively influence consumer spending. In recent times,...more

Advertising Law -- Jun 27, 2013

Domino’s Delivers $9.75M TCPA Settlement - It took more than 30 minutes, but Domino’s Pizza delivered a settlement deal to a class of plaintiffs in a Telephone Consumer Protection Act suit totaling $9.75...more

McAfee & Taft tIP Sheet - June 2013: It’s not easy saying you’re green - Avoiding unfair and deceptive environmental marketing...

As a famous amphibious Muppet once noted, it’s not easy being green. This sentiment is shared by the Federal Trade Commission, which has issued Guides for the Use of Environmental Marketing Claims (also known as the “Green...more

McAfee & Taft tIPsheet - June 2013: Short attention spans

LIKE IT? TWEET IT? PIN IT? Online advertising is becoming more critical to marketing departments and brand owners everywhere. Using Facebook, Twitter, Pinterest and other social media avenues to promote brands is a seismic...more

Advertising and Marketing Law Fundamentals for Consumer Financial Products and Services

In this presentation: - The similarities and differences between the CFPB UDAAP (Consumer Financial Protection Act), FTC UDAP (FTC Act), and the federal banking agencies UDAP legal authorities (FTC Act and Regulation...more

"Eye on Privacy" Newsletter - May 2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

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