Archives: Advertising Law

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The FTC’s advice for online giving portals that collect on behalf of charities

Seventy-eight percent of Americans believe companies must do more than just make money – they must also positively impact society, according to the recent 2018 Cone/Porter Novelli Purpose Study. Not only did 79% of respondents say that they are more loyal to purpose-driven companies, but 73% said they would be willing to defend those companies. … Continue Reading

Brands Are Creating Virtual Influencers, Which Could Make the Kardashians a Thing of the Past

But brands could face legal troubles along the way We all know that spokespeople and endorsers can be erratic. Wild antics can generate negative PR and damage brands. What if you could eliminate the threat of a spokesperson going rogue while still tapping into the massive influencer audiences? Although swapping the Kardashians for virtual influencers … Continue Reading

Charity Compliance is No Stranger to the Bracket Business

Are you or your company inviting charitable donations to fill out a tournament bracket for a shot at the prize? Putting aside the typical lottery and game of chance issues, involving a charity or charitable donations in your March Madness celebrations could weave other legal compliance webs – namely, triggering compliance with state charitable promotion … Continue Reading

InfoLawGroup Partner Jamie Rubin Provides Advice to Companies that Offer Auto-Renewal Subscriptions

With stepped up enforcement from the FTC and the California auto-renewal law updates going into effect in July, InfoLawGroup Partner Jamie Rubin offers companies insights on running auto-renewal subscription programs. Read his article in Internet Retailer magazine.    … Continue Reading

Deadline is Set for Enhanced Notice in Online Interest-Based Video Ads

The Online Interest-Based Advertising Accountability Program (“Accountability Program“), the enforcement program run by the Better Business Bureau (BBB), announced that the time has come for companies to give enhanced (just-in-time) notice to consumers in online interest-based (behavioral) video advertisements.  As of April 1, 2018, the Accountability Program will require companies to provide consumers enhanced notice … Continue Reading

InfoLawGroup Partner Jamie Rubin to speak on “Ad Impression Measurement” at the 2017 BAA/ANA Marketing Law Conference in Chicago

Join Jamie Rubin for the 2017 ANA/BAA Marketing Law Conference, November 13-15, 2017 at the Marriott Chicago Downtown Mag Mile.  Mr. Rubin will moderate a panel titled Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising.  Hear about how the Media Rating Council (MRC) measures and audits online ads, the 3MS initiative started … Continue Reading

InfoLawGroup Partner Justine Young Gottshall to speak at the 2017 Privacy + Security Forum in Washington, D.C.

Join Justine Young Gottshall for the 2017 Privacy + Security Forum, October 4-6, 2017 at the George Washington University Marvin Center.   Ms. Gottshall will speak on What’s New In Online Advertising? IoT, Addressable TVs and Beyond. The discussion will cover the recent developments in targeting, advertising and profiling.    … Continue Reading

FTC Revises Endorsement Guide FAQs

This week, the FTC released an update to its FAQs on complying with its Guides Concerning the Use of Endorsements and Testimonials in Advertising  (“Endorsement Guides”). The FAQs offer informal guidance from the FTC and were last updated in May 2015. (For highlights from the last round of changes, please see our previous post.) The … Continue Reading

New Litigation Against National Clothing Retailer for Use of “Up To % Off” Messaging

What Have Retailers Been “Up To” In New Jersey? The last few years have been quite interesting for retailers, with a number of different pricing and advertising related legal issues coming to the forefront. Recently, another new front in this battle opened in New Jersey where a national clothing retailer became the subject of a … Continue Reading

Enforcing Canadian Anti-Spam Law

The Canadian Anti-Spam Legislation (CASL) has aroused concern among marketers on both sides of the border since it started coming into force in July 2014 (some provisions, such as a private right of action, do not take effect until next year). It has stricter consent requirements than the US CAN-SPAM Act, as well as rules … Continue Reading

The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guides

Just five months after the Federal Trade Commission (“FTC”) released its Native Ads Policy Statement, the National Advertising Division of the Better Business Bureau (“NAD”) has followed suit and issued a decision in its investigation of Joyous Inc.’s (“Joyous”) native advertising practices (NAD Case #5956, 05/19/16). In its routine monitoring, the NAD explored the formatting … Continue Reading

Math Question As Age-Gate and Invite-A-Friend Under Fire

The Children’s Advertising Review Unit of the Council of Better Business Bureaus (“CARU”) routinely monitors web sites and mobile apps for compliance with its Guidelines and the Children’s Online Privacy Protection Act (“COPPA”).  Through that routine monitoring, CARU recently discovered the information practices of the 1st through 7th grade mobile applications called Friendzy (e.g., 1st … Continue Reading

FTC Enters Proposed Consent Order Against Lord & Taylor for Native Advertising Campaign

The Federal Trade Commission (“FTC”) has wasted no time in bringing an action against an advertiser for allegedly deceptive native advertising. The FTC released its Enforcement Policy on Deceptively Formatted Advertisements (“Native Advertising Guidelines”) in late December 2015 (which we blogged about here) and last week the FTC concluded an enforcement action against Lord & … Continue Reading

The Issue of Harm in Lawsuits on Retail Price-Comparison Advertising: Massachusetts Cases to Note

While the swell of class-action lawsuits based on retail price-advertising practices continues to build daily (particularly in California), retailers should note an interesting development from last week in a case out of Massachusetts. In that case, Mulder v. Kohl’s Department Stores, Inc. [FN 1], the plaintiff alleged a number of claims that centered around Kohl’s … Continue Reading

Businesses Take Heed: FTC’s Recent Report, Conference Signal Big Data’s the Big Deal in 2016

FTC Kicks Off New Year with New Report on Growing Use of Big Data Analytics Across All Industries Without so much as a week of 2016 having lapsed, the Federal Trade Commission (“FTC” or “Commission”) released a new report with recommendations to businesses on the growing use of big data. The report, “Big Data: A … Continue Reading

FTC Releases Policy Statement and Business Guides on Native Advertising

Just before 2015 came to an end, the Federal Trade Commission (“FTC”) released its much anticipated Enforcement Policy Statement on Deceptively Formatted Advertisements (“Policy Statement”) along with informal, practical guidance for businesses titled “Native Advertising: A Guide for Businesses” (“Business Guides”). The FTC first began considering native advertising in a December 2013 workshop. Native advertising … Continue Reading

FTC Settles Advertising-Related COPPA Charges Against Two App Developers

This week, the FTC announced settlements with two developers of children’s apps that it claimed had failed to comply the Children’s Online Privacy Protection Act (“COPPA”). While any COPPA enforcement by the FTC is noteworthy, these cases are particularly interesting in that they are the FTC’s first COPPA enforcement actions that are based on allegations that a child-directed online service … Continue Reading

Caveat Venditor: FTC Amends Telemarketing Sales Rule to Enhance Anti-Fraud Protections and to Update and Clarify Several Key Provisions Relating to the National Do Not Call Registry

On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments to its Telemarketing Sales Rule (TSR).  [FN1]  Specifically, in response to changes in the financial marketplace, the final rule prohibits the use of certain payment methods in telemarking.  In addition, and of likely much greater … Continue Reading

New State Privacy Regulation for Connected Televisions

California will become the first state in the nation to regulate information gathered by connected television manufactures through the televisions they sell. Assembly Bill No. 1116 (“AB 1116”) was signed into law by California Governor Jerry Brown on October 6, 2015 and will take effect January 1, 2016. There are three major provisions to AB … Continue Reading

Possible Issues with FCC’s Clarifications to the TCPA

The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could cause issues for businesses that communicate with their customers via phone or text messages.  InfoLawGroup discussed this vote and issue in a previous post.  Last week the rulings passed … Continue Reading
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