The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more
1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive...more
10/20/2023
/ Advertising ,
Artificial Intelligence ,
Best Practices ,
Disclosure ,
Disclosure Requirements ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Risk Assessment ,
Risk Management ,
Transparency
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more
9/7/2023
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Software ,
Software Developers ,
Technology Sector
On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more
7/26/2023
/ Advertising ,
Disclosure ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Online Reviews ,
Testimonial Statements
In an effort to “combat the online sale of stolen, counterfeit, and dangerous consumer products,” Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM...more
In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or...more
On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more
3/21/2023
/ Consent Order ,
Corporate Counsel ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer...more
The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more
5/12/2022
/ Advertising ,
Consumer Litigation ,
Disclosure ,
False Advertising ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Influencers ,
Metaverse ,
Regulatory Standards ,
Risk Factors ,
Social Media
On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more
10/22/2021
/ Advertising ,
Brand ,
Compliance ,
Disclosure ,
E-Commerce ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
IP Litigation ,
Marketing ,
Notice of Violation ,
Testimonial Statements ,
Third-Party
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more
1/24/2020
/ Advertising ,
Analytics ,
Best Practices ,
Content Strategy ,
Contract Terms ,
Corporate Counsel ,
Data Privacy ,
Enforcement Authority ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Influencers ,
Marketing ,
Privacy Laws ,
Regulatory Standards ,
Social Media ,
Social Networks
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have become accustomed to, however, is deregulation across a wide variety of...more
1/22/2019
/ Advertising ,
Big Data ,
Connected Items ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Digital Media ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Influencers ,
Internet ,
Marketing ,
New Legislation ,
Online Advertisements ,
Personal Data ,
Privacy Laws ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Social Media ,
State Data Breach Notification Statutes ,
Technology Sector
Deregulation is the New Buzzword in Washington — Except in the Tech Industry -
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more
1/18/2019
/ Advertising ,
Automotive Industry ,
Champerty ,
Commercial Use ,
COPPA ,
Copyright ,
Defend Trade Secrets Act (DTSA) ,
Deregulation ,
Fair Use ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Intellectual Property Protection ,
Internet of Things ,
IP Litigation ,
Multidistrict Litigation ,
Patent Trial and Appeal Board ,
Popular ,
Real Party in Interest ,
Regulatory Agenda ,
Technology Sector ,
Trade Secrets ,
Trademarks ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)