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In the latest installment of the Federal Trade Commission’s core mission to protect consumers against unfair and deceptive trade practices, the Commission has settle charges against the marketers of a weight-loss system advertised as using “breakthrough technology” and “personalized supplements” to help consumers permanently lose “20 to 40+ pounds in 40 days” without significantly cutting calo.
The California Online Privacy Protection Act applies to any commercial website, online service or mobile application that collects personally identifiable information from individual consumers residing in California. The Act requires that privacy policies be conspicuously posted, or in the case of an operator of an online service, be made available via a reasonably accessible means.
On March 28, 2017, the Federal Trade Commission released its 2016 Annual Highlights. The Highlights demonstrate the agency’s ongoing efforts to protect consumers and promote competition over the past calendar year. “2016 was a historic year for the FTC. We obtained almost $12 billion in redress for consumers, and took action in more than a dozen merger cases to preserve comp ...
The Federal Trade Commission has filed a complaint against a group of online marketers, alleging that they deceived consumers with “free” and “risk-free” trials for access to various gadgets and online subscription services. According to the FTC, the defendants violated the FTC Act and the Restore Online Shoppers’ Confidence Act by asking people for their credit card informa ...
In 2012, Upromise, Inc. settled allegations that it violated the FTC Act by offering its users a “TurboSaver Toolbar” – a software download which purportedly “highlighted and identified” partner companies in online search results – without accurately disclosing the scope of its personal data collection practices Specifically, the FTC alleged that extensive information was un ...
Imposter scam complaints surpassed identity theft for the first time as the second most common category of consumer complaints received by the Federal Trade Commission’s Consumer Sentinel Network in 2016, according to the agency’s new Data Book. Debt collection complaints remained the top consumer complaint category.
Maureen Ohlhausen, a Republican on the Federal Trade Commission, has been appointed interim chair of the FTC by President Trump. Ohlhausen succeeds FTC Chair Edith Ramirez, who was sworn in as a commissioner in 2010 and is resigning effective February 10, 2017. Recently, amongst growing speculation, Ohlhausen provided some insight into the Commission’s consumer protection go ...
According to reports, the number of Do-Not-Call complaints in New York State has been steadily increasing. New Yorkers filed more than 228,900 Do-Not-Call complaints in 2014 and more than 241,658 complaints in 2015. Approximately 200,000 Do-Not-Call complaints were lodged by New Yorkers in the first six months of 2016. As a result, on December 1, 2016, Governor Andrew M.
PACEDm.com On September 23, 2016, a federal appeals court affirmed a lower court ruling that an online advertiser can be held liable for deceptive marketing content that it did not develop. By way of background, the LeadClick affiliate network connected third-party merchants with its affiliates to promote the former’s products.
PACEDm.com A complaint filed in July 2015 in the Southern District of New York alleged that, beginning in 2014, Sling Media began placing unsolicited advertisements next to streaming content transmissions being viewed by consumers, without first disclosing in the software license that it intended to do so.
PACEDm.com As previously discussed here, on September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices, including data dissemination and tracking technologies. The workshop will delve into the effectiveness of disclosures to ensure consumers not ...
PACEDm.com Dietary supplements, herbal remedies, patches, creams, wraps and products rubbed into the skin are high-profile. Weight loss offers are among the most intensely scrutinized by local, state and federal regulators. Each website must be in substantial compliance based on the specific facts and nature of the advertising program.
PACEDm.com Warner Bros. Home Entertainment, Inc. has settled Federal Trade Commission charges that it deceived consumers during a marketing campaign for the video game Middle Earth: Shadow of Mordor, by failing to adequately disclose that it paid online “influencers” to post positive gameplay videos on YouTube and social media. Under a proposed FTC order, Warner Bros.
PACEDm.com On September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices. Regulators have spent considerable resources addressing the issues of disclosures in recent years.
Trade secret misappropriation has traditionally been a matter of state law. Previously, the federal statute permitted only criminal or civil causes of action initiated by the U.S. Attorney General. However, on May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the “Act”), federalizing trade secrets law. The Act does not preempt state laws.
Share ! tweet In an earlier blog post, I discussed a recent SCOTUS ruling that defendants facing Telephone Consumer Protection Act lawsuits cannot escape a class action by making a settlement offer to individual plaintiffs (Gomez v. Campbell-Ewald). The decision continues to have significant ramifications.
Share ! tweet Section 5 of the Federal Trade Commission Act prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.” Traditionally, the Commission has focused upon direct advertising claims, both express and implied. However, two recent matters place online marketers on notice that the Commission is now closely scrutinizing indirect advertising through th ...
Share ! tweet This is PART THREE in a five part series focusing on Internet marketing, lead generation and telemarketing compliance. The amended Telephone Consumer Protection Act (“TCPA”) regulations have imposed a number of obligations upon telemarketers, including additional consent, abandonment and opt-out requirements for pre-recorded or autodialed telemarketing calls.
Share ! tweet Campbell-Ewald Co. v. Gomez, U.S., No. 14-857. On January 20, 2016, the Supreme Court ruled in a 6-3 opinion by Justice Ruth Bader Ginsburg that an individual plaintiff in a class suit may continue with his individual claims after he has rejected a defendant’s offer of complete relief made before a class is certified.
Share ! tweet This is PART TWO in a five part series focusing on Internet marketing and online lead generation compliance. The native advertising landscape is rapidly evolving with respect to publisher-advertiser relationships, as well as consumer perceptions of native ad products and brand interaction.