Updates to the Federal Trade Commission’s guidance document, Dot Com Disclosures, have been anticipated for almost two years. After receiving substantial written feedback and in response to the increasing use of both social media-based marketing and smartphones with smaller screens, the Commission has now issued updated guidelines entitled .Com Disclosures: How to Make Effective Disclosures in … Read more
There are many conceivable ways to avoid a federal or state regulator’s spotlight. What is somewhat confounding is that so many seem utterly disinterested in employing any of them. Deliberate compliance-monitoring is one way to avoid undesired attention from regulators. Actually, it is THE way. Each word in your creative content, in context, and the … Read more
On March 4th, 2013, in the matter of Bank v. American Home Shield Corp., the U.S. District Court for the Eastern District of New York ruled that California’s law barring commercial email advertisements that contain materially deceptive subject lines applies to parties who advertise in the emails, not just those who send them. In addressing … Read more
The Federal Trade Commission and numerous state Attorneys’ General continue to actively police deceptive health-related marketing claims, including those relating to weight loss products. Marketers in the know evaluate products and related data first, and then create advertising copy to reflect what the product has actually been proven to do. Make no mistake about it, there … Read more
On appeal from the United States District Court for the Middle District of Florida, the United States Court of Appeals for the Eleventh Circuit recently affirmed an award of damages to the Federal Trade Commission (“FTC”) for appellants’ (“Defendants”) deceptive marketing practices. The ruling is particularly interesting in that the Eleventh Circuit rejected Defendants’ argument that … Read more
A federal judge in New York has held that Texas Hold ‘Em poker is a game of skill and not illegal gambling under federal law. This is the first time a federal court has held that poker is not gambling under the Illegal Gambling Business Act (the “IGBA”). The issue of whether poker is a … Read more
Even the very best business law attorney may not be able to assist a company to enforce a poorly drafted agreement. The litmus test for the enforceability of a business contract often manifests itself in the form of litigation and judicial resolution of specific terms. However, at this point, valuable rights are potentially subject to … Read more
Earlier this month, Hewlett-Packard and its public relations company received a pass from the Federal Trade Commission for allegedly providing bloggers with $50 gift certificates for themselves and $50 gift cards for their readers in exchange for positive reviews regarding the company’s “Inkology” product. The Guides Concerning the Use of Endorsements and Testimonials in Advertising are … Read more
Many are curious about what moves a Romney administration might make as it pertains to the ever-growing debate about domestic digital consumer privacy protections and data-handling practices. It is no secret that Romney is critical of over-regulating business. So, is it safe to assume that the often discussed executive branch initiatives urging Congress to enact a “privacy … Read more
On September 5, the Federal Trade Commission published a guide intended to assist mobile application developers comply with truth-in-advertising and basic privacy principles when creating and marketing mobile apps for smartphones and tablet computers. General guidelines that all app developers should consider and discuss with a marketing and advertising law attorney include: 1. Telling the truth … Read more
On June 29, 2012 the Federal Trade Commission released a study regarding use of the phrase “up to” in conjunction with representations made in marketing collateral and whether the average consumer believes that they will achieve the maximum possible result or savings. Specifically, the study describes what a test group of consumers thought about advertisements … Read more
Hiring employees involves both benefits and burdens. A fundamental benefit is that you can exercise a certain degree of control over employees in furtherance of your business goals. However, an employer is responsible for paying wages, withholding taxes, providing benefits, and may be liable for an employee’s negligence during and within the scope of employment. … Read more
We all know that in the performance marketing industry a covenant not to compete can be a valuable asset. Distinguished from a non-disclosure agreement, which prohibits the disclosure of trade secrets or proprietary information, a covenant not to compete is much more potent because it can be used to prevent employees from working for a … Read more
The interactive marketing space presents a unique set of legal challenges, including what jurisdiction to file a lawsuit in. Whatever the amount that is owed, considerations such as legal fees and costs, as well as the expenditure of time, often make it cost prohibitive to initiate formal legal action. Assuming that you have decided to initiate … Read more
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