Social Media
The FTC actively investigates and takes action against influencers and brands that fail to clearly disclose relationships when promoting or endorsing products through social media. The FTC’s Endorsement Guides provide that if there is a material connection between an endorser and an advertiser that might affect the weight or credibility that consumers give the endorsement, that connection should be clearly and conspicuously disclosed.
Richard Newman Authors Article for JD Supra on Potential Changes to FTC Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities
January 10, 2023FTC defense attorney Richard B. Newman recently authored an article for JD Supra titled “FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities.” The article examines the responsibilities of “covered sellers,” the “Disclosure Document, “the Earnings Claim Statement,” tips for complying with the Biz…
Read Article...CFPB Issues Warning About Contractual Gag Clauses and Consumer Reviews
March 30, 2022On March 22, 2022 the CFPB issued a policy statement on contractual “gag” clauses and fake review fraud. While the bulleting indicates that financial companies will face consequences for illegally manipulating or suppressing consumer reviews, the message is one with broader implications for all digital marketers. The policy guidance regarding potentially illegal practices related to…
Read Article...FTC Commissioners Urge Congress to Restore Section 13(b) of the FTC Act
November 3, 2020As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault. Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…
Read Article...Richard B. Newman Quoted by Communications Daily on Attempts to Rewrite Section 230 of Communications Decency Act
September 30, 2020FTC CID investigations attorney Richard B. Newman was recently quoted in Communications Daily (subscription required) in an article entitled “Sens. Manchin, Cornyn File CDA S. 230 Bill to Combat Illegal Drugs.” Communications Daily is a leading publisher of hard news on telecom, broadcasting, the Internet, international trade and the consumer electronics industries. On September 29,…
Read Article...Richard Newman Authors Article for National Law Review on Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations
September 25, 2020FTC advertising practices attorney Richard B. Newman recently authored an article for National Law Review titled “Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations.” The article examines the U.S. Supreme Court in Liu v. SEC, the limits placed upon the SEC’s ability to seek monetary disgorgement…
Read Article...Ten Compliance Mistakes Made by Online Training and Business Coaching Program Providers
June 26, 2020The 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. Providers of online training and business coaching programs have found themselves on the receiving end of unwanted…
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