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Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand...more
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
Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more
Hosted by Canadian Institute, the 30th Annual Advertising & Marketing Law conference returns for another exciting year where the top minds convene to network and engage in thought-provoking discussions shaping the law, policy...more
Publishers Clearing House (PCH) is well known for surprising major sweepstakes winners with a Prize Patrol knock on their doors. But the recent lawsuit filed by the Federal Trade Commission (FTC) against the company was...more
On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more
On June 26, the FTC filed a complaint against a sweepstakes company alleging they used “dark patterns” (via the use of “manipulative phrasing and website design”) to trick consumers into purchasing products in order to enter...more
Michael Ostheimer, a senior staff attorney for the Federal Trade Commission (FTC), joined Holland & Knight for a recent webinar presentation on social media advertising and marketing practices. This Holland & Knight alert...more
Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more
In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more
The FTC will disburse $25 million to consumers across the world following its joint settlement with the Missouri AG to resolve allegations that a network of companies and individuals (collectively “Next-Gen”) operated a...more
Alcohol beverage companies must contend with an ever-evolving regulatory landscape, including unpacking the new environment under US President Joe Biden’s executive order on competition. How do you differentiate as a brand...more
As alcohol products compete in an increasingly competitive marketplace, how do you differentiate as a brand while being mindful of regulatory landmines? Join us for the second webinar in our Alcohol Quarterly Update Series on...more
2022 AG Elections- Democratic Challenger Seeks 2022 Rematch Against Georgia’s Incumbent Attorney General- •Charlie Bailey, a trial attorney in private practice and a former prosecutor, has announced that he will again...more
2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing...more
In an effort to protect older consumers, the Federal Trade Commission filed a pair of actions challenging sweepstakes and tech scams....more
When done correctly, sweepstakes and prize contests can be an effective tool for building brand awareness and gaining customers. However, businesses that fail to abide by applicable statutes and regulations when using these...more
We all dream about winning the lottery or the Publishers Clearing House folks secretly coming up our walkway and knocking on our door telling us we won millions of dollars. Well, I do....more
NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more
The Federal Trade Commission (FTC) received more than 3 million consumer complaints in 2015 with debt collection topping the list, according to its newly released Consumer Sentinel Network Data Book. The annual report, which...more
Early in the game on Sunday night, Esurance ran a commercial announcing that it was giving away more than $1 million through a sweepstakes on Twitter. You may remember that Esurance made a splash with a Twitter-based...more
Social media contests and sweepstakes have gone viral. They have not only caught the attention of consumers nationwide, they have caught the attention of the Federal Trade Commission....more
In 2012, the FTC sponsored a contest in which it invited contestants to submit their best solutions to block robocalls. After reviewing almost 800 entries, the FTC announced two winners. As we posted previously, though, one...more
Companies should revisit their policies for influencer programs for compliance with the updated guidance. Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009....more