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Venable LLP

FEC to Reconsider Regulation of Free Online Political Advocacy

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Since the early days of the internet, the Federal Election Commission (FEC) has kept its hands off of unpaid online political expression. Though federal campaign finance law generally treats paid online communications as...more

Fisher Phillips

Groundbreaking Illinois Law Protects Child Influencers from Financial Exploitation: How Could It Impact Your Business?

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Illinois is the first state to enact a law protecting the financial interests of child influencers. The law, which took effect July 1, addresses what had been gaps in child labor law in light of modern issues and targets...more

BCLP

No General Obligation on Website Hosts to Monitor the Data They Transmit and Store

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In a ruling dated 27 March 2024 (Cour de cassation, 27 March 2024, no. 22-21.586), the Cour de cassation reviewed the obligation of website hosts to monitor the content they host....more

Venable LLP

Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

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Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding...more

Holland & Knight LLP

The FTC Takes a Closer Look at Blurred Advertising to Children

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In this episode of his "Clearly Conspicuous" podcast series, "The FTC Takes a Look at Blurred Advertising to Children," consumer protection attorney Anthony DiResta analyzes a new Federal Trade Commission (FTC) staff paper...more

Venable LLP

Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements

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Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode....more

BakerHostetler

5 Things to Address in Advertising Platform Agreements

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A while back, I wrote an article titled “3 Things to Address in Digital Media Agreements,” which focused on issues related to the purchase or sale of ad space on different media channels (e.g., websites and mobile...more

BakerHostetler

No Faking. FTC Doubles Down on AI Impersonations

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In April 2018, a PSA featuring former president Barack Obama made its rounds on the internet. In the video, Obama warned that we were “entering an era in which our enemies can make it look like anyone is saying anything at...more

Manatt, Phelps & Phillips, LLP

The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024. Three parties who...more

BakerHostetler

Cookies, Pixels, Tags, Scripts, SDKs: What Are They Really, and What’s All the Fuss About?

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If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more

Manatt, Phelps & Phillips, LLP

Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of...more

BakerHostetler

AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many

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On today’s episode of AD Nauseam, Amy and Daniel talk about how the revised Testimonial and Endorsement Guides are raising some new issues that marketers and agencies need to consider, some of which reflect a shift in common...more

BakerHostetler

AD-ttorneys@law - December 2023

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Guess Who Members Can’t Share the Band - Ancient rockers hurl lawsuit at former bros, but will it stick? When Friends Fall Out - Baroque internecine conflicts and acrimonious legal battles are nothing new in the...more

Omnizant

Organic vs. Paid Social Media for Law Firms

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As law firms look to harness the potential of social media, a fundamental question arises: Should they tread the organic path, or explore the possibilities offered by paid advertising? The answer depends on your goals—but the...more

BakerHostetler

No Silver Bullet: The FTC’s Staff Report on Kids’ Digital Marketing Workshop

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When the FTC announced it was doing a workshop focused on children’s digital marketing that would be followed by a Staff Report, I was as giddy as a kid on Halloween. But now I feel like I got more tricked than treated,...more

Cornerstone Research

Omnichannel Marketing

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In this post, we will discuss how the internet and e-commerce have prompted some firms to try to adapt their marketing strategies; the implications of these changes on purchase drivers and consumer information sources; and...more

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

MarkIt to Market® - September 2023: FTC Guidelines Influence How Influencers Influence

While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more

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

MarkIt to Market® - September 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more

BakerHostetler

Latest FTC Public Meeting Asks, ‘Won’t Somebody Please Think of the Children?’

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If it feels like it has been ages since you heard about one of the Federal Trade Commission (FTC or Commission) public meetings, well, that’s kind of true. There was a meeting back in July that discussed military consumer...more

Hudson Cook, LLP

FTC Snares Deceptive Apartment Reviews, Issues New Marketing Guides and Proposed Rule

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The Federal Trade Commission and six state attorneys general on August 28 resolved an enforcement matter against apartment listing platform Roomster over fake reviews and listings. Brought under Section 5 of the FTC Act and...more

Faegre Drinker Biddle & Reath LLP

The FTC’s Updated Endorsement Guides: Do They Say More Than We Already Know?

On June 29, the Federal Trade Commission (FTC) published its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), together with an FAQ document, FTC’s Endorsement Guides: What People...more

Bass, Berry & Sims PLC

OIG Approves Online Platform's Per-Booking Fees for Medical Appointments and Per-Click Fees for Advertisements

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The U.S. Department of Health and Human Services Office of Inspector General (OIG) recently issued Advisory Opinion 23-04, approving the per-booking fees healthcare providers pay a technology company for each new patient who...more

Holland & Knight LLP

NY Court: Short-Term Rental Services Must Register Dwellings to Comply with Local Law

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In a win for New York City's hospitality industry, a New York judge has rejected Airbnb's legal challenge to a New York City law requiring dwellings hosting short-term rentals to be registered with the City. The City will...more

Burr & Forman

OIG Issues Favorable Advisory Opinion About Online Health Directories and Advertisements

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Does your practice pay to advertise in online directories? Or do you contract with a website to allow patients to book appointments or look for services? If the answer to these questions is “yes,” you may be interested in a...more

BakerHostetler

Updated FTC Endorsement Guides Hold Virtual Influencers to Actual Standards

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“Hey, how do we contract with a virtual influencer?” – Marketing. In-house Legal Friends: If you haven’t received this email yet, you will soon. The use of hyper-realistic virtual influencers to endorse products is no...more

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