News & Analysis as of

Unfair or Deceptive Trade Practices Advertising FTC Act

Epstein Becker & Green

Dissecting the New FTC Final Rule That Regulates “Fake Reviews” and More

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On August 14, 2024, the Federal Trade Commission (“FTC”) announced a new final rule aimed at regulating fake consumer reviews, testimonials, insider reviews, company-controlled websites, and fake indicators of social media...more

Locke Lord LLP

New FTC Rule on Use of Consumer Reviews and Testimonials

Locke Lord LLP on

On August 14, the Federal Trade Commission (the “FTC”), acting unanimously pursuant to its authority under Section 5 of the Federal Trade Commission Act, announced the adoption of a final Trade Regulation Rule on the Use of...more

Manatt, Phelps & Phillips, LLP

FTC Issues Final Rule Banning Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more

Ballard Spahr LLP

Vehicle Services Company CarShield Settles Complaint with FTC

Ballard Spahr LLP on

CarShield, a company that sells vehicle service contracts (VSCs), will pay $10 million to settle FTC allegations that its advertisements and telemarketing pitches deceived consumers, the agency announced on July 31....more

Hudson Cook, LLP

FTC and Online Used Car Dealer Agree to Settle Alleged Unfair and Deceptive Advertising and Business Practices Claims

Hudson Cook, LLP on

On July 2, 2024, the FTC filed a joint motion for entry of the FTC and the Company's stipulated order for permanent injunction, monetary judgment, and other relief to resolve allegations of misleading consumers who purchased...more

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

BakerHostetler

AD Nauseam: A Different Type of Imposter Syndrome

BakerHostetler on

On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond

Ballard Spahr LLP on

Our special guest is Malini Mithal, Associate Director of the FTC’s Division of Financial Practices. In this episode, which repurposes a recent webinar, we review highlights of FTC regulatory and enforcement activity in 2023...more

BakerHostetler

Virtual Influencers 2.0: Real Lessons Learned in 2024

BakerHostetler on

Most of us know that the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsement and Testimonials in Advertising (the Guides) were updated in June 2023. While the Guides aren’t law, you ignore them at your...more

Fox Rothschild LLP

Advertising Highs & Lows

Fox Rothschild LLP on

Intuit, Inc. certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Just a few...more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Kelley Drye & Warren LLP

Chargebacks911 Settlement Highlights FTC and AG Scrutiny of Chargeback Mitigation Practices

Kelley Drye & Warren LLP on

This week, the FTC and Florida AG announced a settlement with Chargebacks911, a chargeback mitigation company that touted its ability to help companies respond to and reverse consumer credit card disputes. The FTC and Florida...more

BakerHostetler

AD Nauseam: What is This Unfairness Thing You Keep Talking About?

BakerHostetler on

On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices. Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com ...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

Venable LLP

FTC Consumer Protection Chief Sam Levine Outlines FTC Priorities at the NAD Conference

Venable LLP on

On September 19, Sam Levine, the director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined the agency’s priorities at the annual conference of the National Advertising Division. Here are the...more

King & Spalding

FTC Revamps the “Guides Concerning the Use of Endorsements and Testimonials in Advertising”

King & Spalding on

The U.S. Federal Trade Commission (“FTC” or “the Commission”) maintains Guides Concerning Use of Endorsements and Testimonials in Advertising to “set forth the general principles that the Commission will use in evaluating...more

Epstein Becker & Green

Influencers, Brand Ambassadors and Marketers Take Note – FTC Has Finalized Updates to Its Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

Epstein Becker & Green

The FTC Finalizes Changes to Endorsement Guides

In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are...more

Manatt, Phelps & Phillips, LLP

An In-Depth Look at the FTC’s Updates to the Endorsement Guides—Part 2 of 2

The Federal Trade Commission (FTC or Commission) issued the much anticipated final revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) just before the July 4th...more

Wyrick Robbins Yates & Ponton LLP

The Next Post They Write Might Be About You: The FTC’s Business Blog Calls Out Health Data Practices That Can Violate Section 5

In another example of the agency’s practice of regulation by blog, the FTC published last week a Business Blog Post about protecting consumer health information. The post, which summarizes key points from several recent...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

Woods Rogers on

The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

Proskauer - Advertising Law

FTC Finalizes Updates to Endorsement Guides, Reflecting Increased Focus on Online Reviews and Social Media Marketing

This week the FTC announced that it finalized its revisions to the Endorsement Guides, which give advertisers guidance on ensuring that their use of endorsements or testimonials complies with the FTC Act. At the same time,...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

BakerHostetler on

The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

Faegre Drinker Biddle & Reath LLP

'Greenwashing' Claims Strike Consumer-Facing Companies: How to Avoid the Increasing Threat of Litigation

Consumers are increasingly conscious of how the products they buy impact the environment. Due to this heightened focus on environmental issues, consumer-facing companies frequently highlight the environmentally friendly...more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

Hinch Newman LLP on

It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more

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