A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations. CIDs may require the production of documents – including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions. A CID must state … Read more
Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations. What is an FTC Warning Letter? Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that … Read more
In a twist that would make even the most seasoned insomniac sit up, white-noise apps—the digital lullabies meant to soothe us into slumber—have become the latest playground for ad fraudsters. According to a recent exposé by DoubleVerify, cyber tricksters are turning these calming soundscapes into cash-grabbing machines, siphoning off advertising dollars through elaborate schemes with … Read more
As noted in a prior post by an FTC Made in USA law fim, manufacturers and marketers cannot simply assume that the components or ingredients they obtain from U.S.-based suppliers are “all or virtually all made in the USA.” Instead, they should seek certification from suppliers concerning the percentage of U.S. content therein. The FTC … Read more
Ah, the latest episode in the soap opera that is Elon Musk’s stewardship of the beleaguered platform formerly known as Twitter, now rebranded as ‘X’—because apparently, what this saga needed was a more cryptic moniker. Musk, our antihero, declared this morning that his version of “free speech” requires the punitive arm of the law to … Read more
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to which the agency participated in the unlawful conduct, the degree of control the client exercised over the agency and responsibility for advertising … Read more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. Specifically, the final rule implements updates that prohibit deceptive and abusive practices in all business-to business calls; updates the TSR’s recordkeeping requirements; and proposed an amendment … Read more
Forbes: Once a bastion of business journalism, now caught pants down in a scandalous cha-cha with adtech sleaze. Let’s paint the picture: imagine adtech as the unwanted party crasher who not only drinks all your booze but also swaps your vintage champagne with cheap fizz while you’re not looking. That’s pretty much what’s happened here, … Read more
Let’s skip the small talk. Yesterday, we grazed the surface in our newsletter, dabbling in the initial juiciness of the Adstra versus IPG’s Kinesso and Acxiom skirmish. But today, we dive deep into the belly of the beast. Grab your snorkels—or martini glasses—and let’s wade through the muck of corporate espionage, data warfare, and good … Read more
Leading FTC Investigation and Enforcement Defense Lawyer Discusses How Marketers Can Best Position Themselves if They Become the Subject of an FTC (or other regulatory) Civil Investigative Demand or Subpoena A Federal Trade Commission Civil Investigative Demand is an administrative subpoena utilized by the Federal Trade Commission (and other regulatory agencies, such as a state … Read more
The Federal Trade Commission’s (FTC) recent crackdown on Response Tree LLC reveals a scandalous tale of deception in the telemarketing industry. This crackdown, targeting a company responsible for operating over 50 websites, unveils a nefarious web of exploitative practices. These sites lured unsuspecting consumers with the promise of services like home refinancing and solar panels, … Read more
In the labyrinthine world of digital advertising, a recent revelation by Adalytics has cast a stark light on the Google Search Partners (GSP) program. Like a modern-day oracle, Adalytics’ transparency report has prophesied a disturbing reality, one where the promise of digital outreach entangles unwittingly with the dark underbelly of the internet. On an unassuming … Read more
In the shadow of Hollywood’s glittering facade, the saga of Brinson Caleb Silver unraveled, a tale woven with threads of ambition, deceit, and the undying lure of opulence. Once a beacon of corporate success, Silver’s story now serves as a cautionary fable, echoing through the corridors of power and greed. Silver, hailing from the lush … Read more
On November 2, 2023, the Federal Trade Commission announced that it is taking action against personal finance app provider Brigit, alleging that its promises of “instant” cash advances of up to $250 for people living paycheck-to-paycheck were deceptive and that the company locked consumers into a $9.99 monthly membership they could not cancel. Brigit, also … Read more
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