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Katten Muchin Rosenman LLP

Online Advertisements Found to Monetize Piracy and Child Pornography

“Online Advertising Hits Rock Bottom” screams one recent headline, as reports from ad fraud researchers purportedly have found evidence that online ads for mainstream brands have appeared on websites dedicated to the display...more

BakerHostetler

Takeaways from a Panel with the FTC and NAD

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In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more

BakerHostetler

No Silver Bullet: The FTC’s Staff Report on Kids’ Digital Marketing Workshop

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When the FTC announced it was doing a workshop focused on children’s digital marketing that would be followed by a Staff Report, I was as giddy as a kid on Halloween. But now I feel like I got more tricked than treated,...more

BakerHostetler

AD-ttorneys@law - March 2023 #2

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There are some stories that we cover whose underlying facts just teeter on the edge of being a fully formed Onion article....more

Goodwin

Agency Actions Show Shared Focus On Digital Ad Tactics

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Coordinated actions taken by federal regulators and enforcement agencies over the last year have demonstrated a new focus on assailing two distinct practices in digital advertising: the use of algorithms for targeting...more

American Conference Institute (ACI)

[Event] 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claim Substantiation - February 9th - 10th, New York, NY

Hosted by American Institute, the 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation returns for another exciting year with curated programming that shines a spotlight on finding solutions...more

WilmerHale

FTC Renews Focus on Digital Dark Patterns With Release of New Staff Report

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The Federal Trade Commission (“FTC”) issued a report in September analyzing digital “dark patterns,” which are deceptive design practices that “trick or manipulate consumers into buying products or services or giving up their...more

Wilson Sonsini Goodrich & Rosati

FTC Holds Event on Digital Marketing and Blurred Advertising’s Impact on Children

On October 19, 2022, the Federal Trade Commission (FTC) held a virtual event to explore the concept of “blurred” advertising in digital media and its impact on children. As the FTC is considering updates to rules related to...more

Venable LLP

FTC to Digital Media Advertisers: It’s Time to Protect Kids

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At a Federal Trade Commission (FTC) event last week, Chair Lina Khan said children are more susceptible than adults to deceptive or harmful practices, especially those that blur the line between advertising and entertainment....more

BakerHostetler

Brought to You by the FTC: Event on Digital Marketing and Blurred Advertising to Kids

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Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. Here is a rough transcript; and if you have a spare five hours, you can watch the videos, which will soon be posted on the...more

International Lawyers Network

FTC Staff Report Brings Dark Patterns to Light

Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting...more

Venable LLP

Takeaways from NAD 2022: The FTC’s Enforcement Priorities, New Technologies, Dark Patterns, and the Usual Suspects

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​​​​​​​Last week, the National Advertising Division of the Better Business Bureau National Programs (NAD) held its annual conference. The wide array of speakers covered a broad range of topics, from the metaverse to dark...more

BakerHostetler

AD-ttorneys@law - September 2022 #2

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IDAC to Ed Tech: Get Your Act Together - Post-COVID-19 learning app boom puts kids at risk, watchdogs say - An Embarrassment of Horrors - As if school-age children didn’t have enough to worry about. From the...more

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

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For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

BakerHostetler

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

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​​​​​​​The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators...more

BakerHostetler

Dot Com Guideline Revisions Will Focus on Hyperlinks, Dark Patterns, the Metaverse and More

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It has been two weeks or so since the FTC announced that it is going to take a close look at whether and how to revise the Dot com Disclosure Guides. For those who are new to this, the dot com guides (technically and...more

Ballard Spahr LLP

FTC seeks public input on updates to 2013 guide on making effective disclosures in digital advertising

Ballard Spahr LLP on

The FTC has announced that it is seeking public input on ways to modernize its 2013 guide titled “.com Disclosures:  How to Make Effective Disclosures in Digital Advertising,” which provides guidance to businesses on digital...more

Alston & Bird

FTC Seeking Comments to Update “.com Disclosures” Guidance

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The Federal Trade Commission is seeking public comment on how it should modernize its business guidance about using disclosures in digital advertising and marketing. Our Consumer Protection/FTC Team analyzes the FTC’s request...more

Venable LLP

FTC Asks Online Advertisers to Weigh in on Dark Patterns, Calls for Comment on Its .Com Disclosures Guidance

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The Federal Trade Commission has requested public input about potential updates to its “Dot.Com Disclosures.” The guidance document was last updated nearly a decade ago and has not addressed much of the new technology that...more

Venable LLP

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

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Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more

K&L Gates LLP

Recent Second Circuit 1-800 Contacts Decision Helps Brands See More Clearly How to Pay Less per Click

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Introduction - Have you ever searched for a brand’s name online only to find that the first link leads to a competitor’s or reseller’s website? This can be a major problem for direct-to-consumer manufacturers and brands....more

Cozen O'Connor

Online Advertising Platform Settles Allegations It Collected Personal Information from Children

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The FTC reached a settlement with online advertising platform OpenX Technologies, Inc. to resolve allegations that OpenX collected personal information from children under 13 without parental consent in violation of the FTC...more

Holland & Knight LLP

False Endorsements and Testimonials: The FTC Warns of Civil Penalties in New, Aggressive Enforcement Initiative

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Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more

Latham & Watkins LLP

FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials

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Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements...more

Katten Muchin Rosenman LLP

FTC Warns Massive List of US Companies Not to Deceive Consumers With False Endorsements and Reviews

On October 13, the Federal Trade Commission (FTC) put more than 700 US companies on notice not to deceive consumers by, among other things, falsely claiming an endorsement by a third party, misrepresenting that an endorser is...more

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