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Alert: The FCC's Internet Privacy Proposal Raises Key Issues for Online Advertising

The Federal Communications Commission plans to protect consumer privacy on the Internet by regulating Internet service providers. But the proposals, if adopted, could disrupt the Internet advertising industry. In a 147-page...more

#Ad! — Lessons from the FTC’s First Case since the Release of its Enforcement Policy on Native Ads

As was widely reported, the Federal Trade Commission entered into a settlement in March with Lord & Taylor over charges that the retailer allegedly deceived consumers through a native advertising campaign run on Instagram and...more

News from AGG's Retail Industry Team

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more

Lord & Taylor Case Shows the Importance of Transparency in Advertising

Consumer protection is always in style with the Federal Trade Commission (FTC). Under the FTC Act, a company cannot make a misrepresentation that would affect the consumer’s conduct or decisions with regard to a product or...more

FTC Puts Teeth into Native Ads Guidance: Lord & Taylor Settles Deceptive Ad Claim

Last week, fashion retailer Lord & Taylor reached a settlement with the FTC over its allegedly deceptive advertising campaign, the first such action since the FTC released its Enforcement Policy Statement on Deceptively...more

Ad Industry Enforcer Issues Reminder That Notice and Choice Are Musts for Companies Engaged in Interest-Based Advertising and...

The Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the advertising industry’s self-regulatory system administered by the Council of Better Business Bureaus, has published the...more

Alert: Enforcement Against Lord & Taylor Proves FTC Serious About Native Advertising Guidelines

Less than three months after the Federal Trade Commission issued new guidelines on native advertising, the agency announced an enforcement action against national retailer Lord & Taylor. The FTC alleged on March 16, 2016...more

FTC Enforcement Action Highlights Advertising Risks for Retailers

The Federal Trade Commission (FTC) has announced an enforcement action against Lord & Taylor, a retail department store, for allegedly deceiving consumers by not disclosing paid endorsements and promotions during a social...more

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

On March 15, 2016, national retailer Lord & Taylor agreed to settle FTC charges that it “deceived consumers by paying for native advertisements.” The settlement is the first of its kind following the December 2015 guidance...more

Lord & Taylor Settles with FTC Over Influencer Native Advertising Campaign on Social Media and Online Magazine

We’ve seen native advertising take many forms, from paid celebrity Tweets to advertisements masked as editorial content to paid influencers promoting brands on social media. With a growing number of companies engaging in...more

National Retailer Settles FTC Charges It Deceived Consumers Through Paid Instagram Posts by “Fashion Influencers”

The national retailer, Lord & Taylor, has settled Federal Trade Commission (FTC) charges that it deceived consumers by paying for native advertisement, without disclosing that the posts were in fact paid promotions for the...more

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New...

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed...more

#ThatPostCouldCauseALegalRoast (Are you using Instagram content illegally… without even knowing it?)

Love it or hate it, Instagram is coming to dominate the world of advertising. During Super Bowl 50, 38 million people reportedly made 155 million Super Bowl-related interactions on Instagram. ...more

FTC Issues a Friendly Warning on Certain Types of Online Advertising

Do you know how much of the content on your favorite digital news site or print magazine is advertising? Probably more than you think. Many advertisements are obvious because they have a clear promotional message, style...more

Avvo and Advertising in the Land of Lincoln

Illinois attorney Ms. Moira Bernstein is the latest advocate to take on Avvo.com, the Seattle-based lawyer information and rating site. On February 4, 2016, Ms. Bernstein filed a class action complaint against Avvo, Inc....more

Advertising and Issuing Credit Online

DWT’s Payments Team participated in the ABA Consumer Financial Services Committee’s Winter Meeting in Park City, Utah last week. Andrew Owens delivered a presentation on advertising and issuing credit online during the...more

Going Native? The FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements Provides a Roadmap – Part 1

Last week, the FTC issued its long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements, often referred to as “native advertising.” For those unfamiliar with the term, the FTC helpfully explains that...more

Special Focus: FTC Issues Long-Awaited Native Advertising Guidance

On December 22, 2015, the Federal Trade Commission (“FTC” or “Commission”) issued long-awaited guidance on native advertising – commercial content designed with the look and feel of editorial content – and published its...more

FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy...more

Immunity Under the Communications Decency Act

To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that content. However, recent caselaw confirms that this immunity is not boundless. Accordingly,...more

The Five Stages of Online Lead Generation

On October 30, the FTC presented a workshop on lead generation entitled Follow the Lead. Online lead generation is an area receiving increased regulatory scrutiny by the FTC and other regulators, including the CFPB. Over the...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Twitter Sued for Modification of Hyperlinks

We often espouse the value of comprehensive, up-to-date terms of service (TOS) that consistently reflect your current business. And for good reason! Plaintiffs’ attorneys will scrutinize your TOS before helping your users sue...more

Important Decision On Applicable Data Protection Law

After the controversial Google Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News...more

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