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.
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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,…
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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…
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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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Richard Newman Quoted by Communications Daily on Social Media Executive Order
June 12, 2020On June 12, 2020, Communications Daily quoted Richard B. Newman about the executive order recently signed by President Trump that is aimed at removing some of the legal protections given to social media platforms. The order is expected to face legal challenges, particularly with respect to the modification of the breadth of immunity enjoyed by…
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Richard Newman Quoted by Columbia Journalism on Social Media Influencing During COVID-19
June 8, 2020Richard B. Newman was recently quoted by Columbia Journalism in an article entitled “Brands Seek to Partner with Social Media Influencers During COVID-19.” The article discusses the coronavirus pandemic’s impact on the regulation of disease prevention, cure and treatment advertising on social media. “Advertisers, including influencers, that seek to capitalize on the current public health crisis,…
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FTC Releases 2019 Annual Highlights
April 25, 2020The Federal Trade Commission has released its FTC’s 2019 Annual Highlights which describe 2019’s most significant efforts to protect consumers and promote competition, including enforcement, advocacy and regulatory policy. In 2019, the FTC brought numerous enforcement actions targeting consumer fraud, deception in the marketplace, and harms to consumer privacy. The FTC focuses upon areas that…
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