The FTC continues to issue Notices of Penalty Offenses concerning FTC Endorsement Guide violations to digital advertisers and marketers, both alone and in conjunction with the issuance of FTC Civil Investigative Demands....more
12/9/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
FTC Endorsement Guidelines ,
SCOTUS ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission recently announced that it has stopped internet phone service provider Vonage from allegedly imposing junk fees and creating obstacles to those that try to cancel their service.
According to the...more
For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...more
10/10/2022
/ Automatic Renewals ,
Cancellation Rights ,
CID ,
Consumer Protection Laws ,
Corporate Counsel ,
Deceptively Misdescriptive ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
Free Trials ,
Good Faith ,
New Guidance ,
Penalties ,
Proposed Legislation ,
ROSCA ,
Subscription Services
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022.
The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
9/27/2022
/ Advertising ,
Credibility ,
Deceptive Intent ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Liability ,
Misrepresentation ,
Online Reviews ,
Penalties ,
Proposed Rules ,
Social Media ,
Testimonial Statements
UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and...more
9/19/2022
/ Advertising ,
Audits ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Influencers ,
Social Media ,
Summary Judgment ,
TikTok ,
Vicarious Infringement
A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state Attorney General) to obtain documentary materials...more
9/1/2022
/ Advertising ,
Bureau of Consumer Protection ,
CID ,
Code of Federal Regulations (CFR) ,
Defense Strategies ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
FOIA ,
Information Technology ,
Investigations ,
Marketing ,
Meet and Confer ,
Rules of Practice ,
SCOTUS ,
Subpoenas ,
Unfair or Deceptive Trade Practices
A proposed FTC settlement that involves alleged false Made in USA representations and alleged deceptive COVID claims was recently filed by the Department of Justice on the FTC’s behalf against an individual and the two...more
8/15/2022
/ Advertising ,
Civil Monetary Penalty ,
COVID-19 Consumer Data Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Product Packaging ,
Warning Letters
You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter.
Now what?...more
8/5/2022
/ Advertising ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Competition ,
Digital Platforms ,
Electronically Stored Information ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Subpoenas ,
Unfair or Deceptive Trade Practices
Attention Lead Generators.
The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
8/3/2022
/ Advertising ,
CIPA ,
Class Action ,
Data Collection ,
Electronic Communications ,
Electronic Monitoring ,
Invasion of Privacy ,
Prior Express Consent ,
Privacy Policy ,
Statutory Violations ,
Terms of Service ,
Video Recordings ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping