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Troutman Pepper

FINRA’s First Disciplinary Action Targeting Firm’s Use of Social Media Influencers

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The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a...more

Mayer Brown Free Writings + Perspectives

Broker-Dealer Settles FINRA Charges for Failures Relating to Use of Social Media Influencer Program

On March 18, 2024, FINRA announced that it has fined a broker-dealer $850,000 in connection with the firm’s program to pay individuals with followings on social media sites (i.e., “influencers”) to promote the firm in social...more

King & Spalding

Florida Digital Bill of Rights

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On June 6, 2023, the Florida Digital Bill of Rights (“FDBR”) was signed into law, and goes into effect on July 1, 2024 with some exceptions—the prohibition of government-directed content moderation of social media platforms...more

BCLP

Digital Speaks: Don’t Be Shy, Disclose Ai!

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With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially...more

Troutman Pepper

FTC Issues Report to Congress on the Fraud Threats Faced by Older Consumers

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On October 18, the Federal Trade Commission (FTC) issued a report to Congress in which it outlined its ongoing efforts to protect older Americans from fraud related losses....more

BakerHostetler

Takeaways from a Panel with the FTC and NAD

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In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

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Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Blattel Communications

Let’s Get to Thread-ing? Eh, Maybe Not

Remember all the excitement when Threads was launched? Meta, the platform’s parent company, announced that more than 30M people joined in less than 24 hours after it opened to the public. The app, which for now requires and...more

Latham & Watkins LLP

FCA Implements Strategies to Clamp Down on Illegal Social Media Financial Promotions

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The regulator described the steps it is taking to increase scrutiny of advertisements about financial products and services on social media platforms. On 3 February 2023 the FCA published an analysis of its financial...more

Orrick, Herrington & Sutcliffe LLP

DOJ says court will oversee social media company’s housing ads into 2026

On January 9, the DOJ informed a New York federal judge that it had reached a follow-up agreement with a global social media company to ensure its compliance with a June 2022 settlement that required the company to stop using...more

Wilson Sonsini Goodrich & Rosati

FTC Holds Event on Digital Marketing and Blurred Advertising’s Impact on Children

On October 19, 2022, the Federal Trade Commission (FTC) held a virtual event to explore the concept of “blurred” advertising in digital media and its impact on children. As the FTC is considering updates to rules related to...more

Katten Muchin Rosenman LLP

Is the Metaverse a Giant 'Native Advertisement'? - Kattison Avenue | Issue 9

A bigger question may be: how do companies prominently disclose ad content in a limitless space? The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media,...more

Good2bSocial

A Beginner’s Guide to Online Marketing for Lawyers

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Online marketing for lawyers presents many opportunities for lawyers to raise awareness of their firm and its practice groups, as well as to generate new business opportunities from prospects or existing clients. The...more

Wiley Rein LLP

FTC Uses Enforcement Proceeding to Send Message on Account Security Practices

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Account security and digital identity have been hot topics for regulators and at the National Institute of Standards and Technology (NIST). The government has been promoting multifactor authentication (MFA) and innovation in...more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Dunlap Bennett & Ludwig PLLC

Online Branding: The Risky Side of Giving (or not)

Perhaps a bit cliché (?), but knowledge really is the ultimate gift that gives back – hands down. Consider this thinking in the context of exercise equipment (and media) company Peloton and its now infamous and controversial...more

Ballard Spahr LLP

FTC seeks public input on updates to 2013 guide on making effective disclosures in digital advertising

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The FTC has announced that it is seeking public input on ways to modernize its 2013 guide titled “.com Disclosures:  How to Make Effective Disclosures in Digital Advertising,” which provides guidance to businesses on digital...more

Holland & Knight LLP

False Endorsements and Testimonials: The FTC Warns of Civil Penalties in New, Aggressive Enforcement Initiative

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Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more

Katten Muchin Rosenman LLP

FTC Warns Massive List of US Companies Not to Deceive Consumers With False Endorsements and Reviews

On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more

Ballard Spahr LLP

Another Federal Court Dismisses a Lawsuit Alleging Discriminatory Online Ad Targeting

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A federal district court in the Northern District of California has dismissed a lawsuit brought against Facebook alleging that Facebook allowed housing advertisers to target users based on protected characteristics under the...more

Mitratech Holdings, Inc

Leveraging Social Media for Recruitment Strategies

Now is the time to be leveraging social media for your recruitment strategies. 73% of millennials found their last job on a social network (HR Network). Social media is a great outlet to showcase your company’s culture and...more

McAfee & Taft

Navigating the social media maze of copyright

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Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent. When you post online, the...more

Hogan Lovells

Clarification of social media laws #notanad

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Recently, Ad Standards Australia (Ad Standards) found two social media influencers breached the Australian Association of National Advertisers Code of Ethics (the Code) in relation to their obligations to disclose paid...more

Chambliss, Bahner & Stophel, P.C.

Safe Practices for Seniors on Social Media

My mother-in-law lives on a farm in rural Oklahoma. Living out in the country was a dream of my in-laws for a long time, and after retiring, they made it a reality over 19 years ago. They bought 43 acres of land, and the goal...more

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