Federal Trade Commission (FTC)
The U.S. Federal Trade Commission (FTC) enforces and investigates (Civil Investigative Demands) fraudulent, unfair and deceptive practices, as well as anticompetitive marketplace conduct. It possesses investigative authority pursuant to Sections 6, 9 and 20 of the FTC Act. Following an investigation, the FTC may initiate a consumer protection or antitrust enforcement action. The basic consumer protection statute enforced by the FTC is Section 5(a) of the FTC Act. Consumer protection laws are enforced by the Bureau of Consumer Protection. Antitrust laws are enforced by the Bureau of Competition.
Rockefeller Introduces Data Broker Bill
Late last year, Sen. Jay Rockefeller (D-W. Va.) – chairman of the Senate Commerce Committee – released a report warning about the purported harms of data brokers and encouraging oversight from lawmakers. Now, as long expected, Rockefeller has introduced legislation aimed at overseeing and regulating the data broker industry. He and Sen. Ed Markey (D-Mass.) have filed the Data Broker Accountability and…
Read Article...FTC Staff Updates Advertising Disclosure Guidelines
On March 12, 2013, the Federal Trade Commission released guidance that updates its 2000 guidance for online advertising disclosures entitled “Dot Com Disclosures.” The new guidance accounts for new developments in the digital marketplace, including advertising on social media, the use of voiceovers and video, as well as disclosures presented through hardware with smaller screens such as tablets and mobile…
Read Article...Behavioral Advertising and Data Collection Remain in FTC Spotlight
Recent indications are that the FTC intends to issue a comprehensive report in 2013 regarding the ability of various companies, including ISPs, to track the activities of Internet users. According to an associate director in the FTC’s Bureau of Consumer Protection, the anticipated report will differ from previous reports on Internet tracking that focused mainly upon data…
Read Article...Compliance with Online Endorsement Guidelines
With increasing regularity, business are turning to social media and professional bloggers to promote their products and services. There are, however, FTC Guidelines that set forth clear legal and regulatory restrictions governing deceptive advertising and endorsements applicable to online advertising. All too often, those within the interactive advertising industry seem to forget the FTC Guideline…
Read Article...Federal Trade Commission Shuts Down Debt Relief Services Operation
The Federal Trade Commission (“FTC”) has reached a settlement with four of the defendants in an allegedly deceitful debt relief services operation that claimed that for $995.00 it would dramatically reduce consumers’ credit card interest rates. The business operation was based in Canada and New York. Pursuant to the settlement, the defendants are precluded from…
Read Article...FTC Plans to Revise Dot Com Disclosures
The Internet marketing industry has evolved dramatically over the past decade. However, laws and regulations governing related conduct have virtually remained static. Thus, the Federal Trade Commission appears to be getting closer to updating its 2000 guidance document, Dot Com Disclosures: Information About Online Advertising, to encompass progressive information technology developments such as small-screen marketing…
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