The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more
11/18/2019
/ Blogging Platforms ,
Deceptive Intent ,
Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Online Platforms ,
Online Reviews ,
Social Media ,
Social Networks ,
Websites
The Federal Trade Commission recently hosted a public workshop to explore whether to update the rule implementing the Children’s Online Privacy Protection Act (COPPA Rule) in light of evolving business practices in the online...more
11/7/2019
/ Actual or Constructive Knowledge ,
COPPA ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Persistent Identifiers ,
Public Workshops ,
Safe Harbors ,
Social Networks
Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October. Thirty-three class action lawsuits were filed against a...more
The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction...more
The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million...more
Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining...more
The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful...more
7/23/2019
/ Apartments ,
Consumer Review Fairness Act (CRFA) ,
Contract Terms ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Non-Disparagement Provisions ,
Online Reviews ,
Penalties ,
Rental Property ,
Standard Form Contracts ,
Vacation Rentals ,
Void and Unenforceable