Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
New York Attorney General and FTC Recover Millions for U.S. Servicemembers Allegedly Defrauded by National Jewelry Retailer
New York Attorney General Letitia James and the Federal Trade Commission recently announced via a Stipulated Order the recovery of $34.2 million for more than 46,000 servicemembers and veterans that were alleged deceived and defrauded by national jewelry retailer, Harris Jewelry. The company allegedly used deceptive marketing tactics to lure active-duty servicemembers to their financing…
Read Article...Use of Certain Technologies to Track Web Session Data May Violate Law
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…
Read Article...FTC Rules With Monetary Penalties for Deceptive Earnings Claims and Targeted Marketing May Be On The Way
On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed Rulemaking on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” The vote is set to take place on February 17, 2022 at an open…
Read Article...The FTC, Lead Generation and Telemarketing Sales Rule Do Not Call Enforcement
The Federal Trade Commission continues to investigate and enforce violations of the Telemarketing Sales within the lead generation industry, including lead generators that “assist and facilitate” sellers or telemarketers that violate the TSR. Recent FTC Civil Investigative Demands to lead generators illustrate that the FTC may now be resurrecting the issue of the application of…
Read Article...Five Ad Claim Substantiation Mistakes Made by Digital Marketers
The Federal Trade Commission requires advertisers to possess a “reasonable basis” for express and implied claims. The failure to do so constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act. Substantiation is a key FTC enforcement priority. Advertisers should be intimately familiar with FTC substantiation investigation and…
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