News & Analysis as of

Transparency Federal Trade Commission (FTC) Disclosure Requirements

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's February 2024 Round-up

The FCC issued a Declaratory Ruling on February 8 to ensure that telephone calls that use artificial intelligence (AI) to generate or mimic human voices are treated as “robocalls” for purposes of the Telephone Consumer...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

Foley & Lardner LLP on

Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

Lerman Senter PLLC on

The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Davis Wright Tremaine LLP

Ownership Transparency: The New Normal in Healthcare?

On November 17, 2023, the U.S. Department of Health and Human Services ("HHS") Centers for Medicare and Medicaid Services ("CMS") published a final rule (the "Final Rule") requiring Medicare skilled nursing facilities...more

Fenwick & West LLP

Top 10 Best Practices for Ethical and Transparent AI Product Advertising

Fenwick & West LLP on

1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive...more

Hinch Newman LLP

FTC Proposes Rule to Prohibit Hidden and Falsely Advertised Fees

Hinch Newman LLP on

On October 11, 2023, the Federal Trade Commission announced a new proposed rule to prohibit “junk fees,” which the FTC states are hidden and bogus fees that can harm consumers and undercut honest businesses. FTC...more

Morrison & Foerster LLP

ESG Claim to Fame: Addressing Fund Names and Safeguarding Investor Expectations Under the SEC's Amended Names Rule

Morrison & Foerster LLP on

Regulators across the globe continue to focus on disclosures and marketing relating to environmental, social, and governance (ESG) issues. Consistent with this trend, on September 20, 2023, the U.S. Securities and Exchange...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

Foley & Lardner LLP on

In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Gibney Anthony & Flaherty, LLP

INFORM ACT Takes Effect June 27: What Businesses Need to Know

The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior...more

BakerHostetler

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

BakerHostetler on

The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more

Oberheiden P.C.

Online Cryptocurrency Promotion: What Athletes, Celebrities, and Other High-Profile Individuals Need to Know

Oberheiden P.C. on

Online cryptocurrency promotion—and promotion on social media in particular—has garnered national media attention in recent months. First, the U.S. Securities and Exchange Commission (SEC) announced that it had entered into a...more

Hudson Cook, LLP

Menu? We Don't Need No Stinkin' Menu. Yes, You Do!

Hudson Cook, LLP on

As you know, the pandemic shelter-at-home orders forced the closing of dealerships across the country. I suspect that the new ways dealerships have developed to continue to move the metal have inspired some dealerships to...more

Womble Bond Dickinson

Net Neutrality Order Deep - Dive: Open Internet Rules Repealed, Transparency Requirements Remain, FTC Role over Broadband Privacy...

Womble Bond Dickinson on

In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Dorsey & Whitney LLP

Going Native? Part 2: The FTC’s Native Advertising Guide for Businesses – The Why, When and How of Effective Disclosures

Dorsey & Whitney LLP on

At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more

Pillsbury - Internet & Social Media Law Blog

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

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