Last month, the Federal Trade Commission (“FTC”) announced two new actions under the Consumer Review Fairness Act (“CRFA”) against companies that allegedly used non-disparagement provisions in consumer “form contracts” in connection with their respective services to rent properties. These two
AdLaw By Request®
Information, news and updates on legal and regulatory activities pertaining to advertising and marketing around the globe
AdLaw By Request®, published by Reed Smith LLP, focuses on legal issues related to advertising, marketing, and promotional activities. The blog covers topics such as regulatory compliance for live-event promotions, risks and liabilities in influencer marketing, Federal Trade Commission enforcement actions on advertising claims, digital accessibility laws and related statutory damages, and charitable fundraising regulations. It addresses practical legal considerations for businesses engaging in promotional campaigns, including permit requirements, insurance, and local jurisdictional rules. The blog also discusses recent legislative developments affecting advertising and marketing practices, providing insights into compliance and risk management strategies.
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FTC Continues Enforcement Against Deceptive “Free” Trials and Negative Option Plans
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) announced settlements with operators of a worldwide negative option scam, in which online marketers deceptively advertised “risk free” trial offers of its products, but charged consumers full price for the trial products and…
FTC and Law Enforcement Partners Join Forces To Wring Out Illegal Robocalls
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) and its law enforcement partners announced their joint crackdown on illegal robocalls entitled, “Operation Call it Quits.” The operation is part of the FTC’s ongoing effort to stop the “universally loathed pre-recorded telemarketing…
Vaping Companies Take a Hit From The FTC and FDA Over Social Media Endorsements
By Jason Gordon & Erika Auger
Earlier this month, the Federal Trade Commission (“FTC”) and the U.S. Food and Drug Administration (“FDA”) issued joint warning letters to four companies that market flavored e-liquid (vaping) products. The letters cite postings by influencers on social media sites endorsing…
FTC Seeks Public Comments to Children’s Online Privacy Protection Rule
Last week, the Federal Trade Commission (“FTC”) announced it is seeking public comment on the effectiveness of amendments made by the agency in 2013 to the Children’s Online Privacy Protection (“COPPA”) Rule, and whether additional changes are needed. In connection…
ICO Regulation Update on Real Time Bidding and Adtech: What Your Next Steps Should Be
By Elle Todd
On 20 June the ICO (the Information Commissioner’s Office), the UK privacy regulator, released an ‘Update Report’ on real-time bidding (RTB).
These summaries throughout the last week may have you questioning how serious this is and what, if anything, your…
FTC Announces First Actions Enforcing The Consumer Review Fairness Act
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) issued three separate proposed administrative complaints and orders enforcing the Consumer Review Fairness Act (“CRFA”) – the first enforcement actions since the CRFA went into effect in March 2017. The CRFA prohibits businesses…
FTC and state law enforcement officials announce initiative targeting illegal telemarketing
The Federal Trade Commission (FTC) announced a joint state-and-federal initiative, “Operation Call It Quits,” which targets illegal telemarketing practices that violate the FTC’s Telemarketing Sales Rule (TSR).
The TSR, which applies to interstate telephonic marketing communications intended to “induce the…
FTC Settles Case For $25 Million With Dietary Supplement Sellers Over Cognitive Claims
By Jason Gordon & Erika Auger
Last month, the Federal Trade Commission (“FTC”) settled charges against 12 companies who deceptively marketed “cognitive improvement” supplements by using sham news websites containing false and unsubstantiated efficacy claims, referencing non-existent clinical studies, and advertising fraudulent consumer and celebrity endorsements.…
iSpring Water Settles Case With FTC For “Made In The USA” Claims
By Jason Gordon & Erika Auger
The Federal Trade Commission (“FTC”) announced that it reached a settlement with iSpring Water Systems, LLC for allegedly making false claims that its wholly imported Chinese water filtration systems were made in the U.S.A – in violation of a 2017…