Giveaways serve as effective tools for influencers and celebrities to boost their visibility, engage with fans and expand their follower base. But for those following the recent giveaway that sparked mayhem in the streets of New York City (NYC), it
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Marketers Could Face Civil Penalties if They Don’t Substantiate: FTC Notices Issued.
On April 13, 2023, the Federal Trade Commission (FTC) used its penalty offense authority to issue Notices to approximately 670 advertisers, warning that the FTC will not hesitate to use its authority to target those who cannot substantiate their claims,…
California bill would help define digital accessibility and limit damages
A proposed amendment to California’s Civil and Government Codes would limit the recovery of statutory damages in connection with certain digital accessibility claims, while also requiring certain government agencies to educate covered entities on their obligations to make their websites…
California Commercial Co-ventures Update
On January 1, 2023, California’s Assembly Bill 488, The Supervision of Trustees and Fundraisers for Charitable Purposes Act (the “Act”), went into effect. The Act was proposed in 2021 to regulate online charitable giving platforms in an effort to protect…
Pause: Texas Social Media Law on Hold as it heads to Supreme Court for Review
A federal appeals court has agreed to put on hold a Texas social media law, HB 20, that restricts content moderation actions on social media platforms. The Fifth U.S. Circuit Court of Appeals announced that it was granting a September…
FTC on the Path to Proposed Amendments to the Endorsement Guides
On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The proposal makes a…
New Digital accessibility guidance: what brands need to know
The Department of Justice recently released new guidance describing how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities. The guidance offers general information and also includes…
CCPA’s “right to know” includes inferences drawn from personal information, according to AG Bonta
On March 10, 2022, the California Office of Attorney General Rob Bonta (OAG) issued an opinion (the Opinion) interpreting the California Consumer Privacy Act (CCPA) and concluding that consumers have a right to know “internally generated inferences” drawn from the…
“Influencer” Marketing and the Potential Rise of Celebrity Liability
Influencers tell us to “click on the link” in their bios, “shop” via their platforms and watch their videos where they summarize the good and the bad of whatever product or service they are marketing. We click, we shop and…
Renew Without Ado: How to Avoid Automatic Renewal Subscription Violations
“30-day free trial,” “Cancel anytime,” “Risk-free” – if you’ve read or heard these terms associated with a subscription-based program, you may want to ensure that you are up to speed with the regulations governing automatic renewals. Programs with automatic renewals…