Online Advertisements

News & Analysis as of

A New “Wrinkle” in Native Advertising: NAD Embraces FTC’s “Deceptive Door Opener” Theory

Last week, the National Advertising Division (“NAD”) issued a decision in the realm of online native advertising. In the action against Joyus, Inc., the NAD was concerned that the company’s advertising for certain products...more

Google To Ban Payday Loan Advertisements

Google announced on May 11 that effective on July 13, 2016 it will ban all payday loan advertisements from its site. Google was responding to concerns raised by consumer advocates who argued that the lending practice...more

Native Advertising: Recent FTC Cases Require Disclosure of Paid Endorsements on Social Media

Two recent cases by the Federal Trade Commission (“FTC”) demonstrate its position that paid endorsements in social media must be disclosed. These cases reinforce the FTC’s stance on transparency in native advertising, which...more

Your daily dose of financial news The Brief – 5.12.16

Record-setting executive compensation aside (hey, that was so last year), hedge funds have been hammered by the recent spate of mega-deals come undone. Particularly hard hit are the funds focusing on “merger arbitrage”—a type...more

2016 IAPP Global Privacy Summit: Key Themes and Takeaways

Last month, privacy and security professionals from around the world gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2016. The conference focused on the new...more

Going Native - What You Need to Know about the FTC's Recent Guidance on Native Advertising

Digital advertisers innovate new techniques to reach customers at a speed that, for the most part, outstrips the ability of the US government to regulate. Every now and then, however, the Government lurches forward to provide...more

Advertising Accountability Program Releases First Set of Decisions Applying the DAA’s Mobile Guidance

The Online Internet-Based Advertising Accountability Program recently released decisions regarding popular app publishers’ compliance with the Digital Advertising Alliance Self-Regulatory Principles. These inaugural decisions...more

FTC Guidance: Update Privacy Disclosures to Keep Pace with Advances in Online Tracking

The Federal Trade Commission recognizes that many people benefit from companies’ online tracking by getting advertising that is more targeted to their preferences. However, as the technologies and techniques used by companies...more

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

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

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