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Knowledge-Based Authentication Approved as Method to Verify Parental Consent...

On December 23, 2013, the Federal Trade Commission (“FTC”) issued a letter approving the use of knowledge-based authentication as a method of obtaining prior verifiable parental consent under its new...

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Decision Holds “Prior Express Consent” To Send Transactional Text Messages is...

In a recent decision, United States District Judge Stephen V. Wilson granted summary judgment to defendant Sabre Inc. (“Sabre”) on the basis that the plaintiff provided her “prior express consent” to...

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#Sweepstakes and #Contest #Entries on Pinterest Are Endorsements, says FTC;...

The Federal Trade Commission (“FTC”) recently investigated Cole Haan, Inc. to determine whether a contest that it conducted on https://www.pinterest.com violated Section 5 of the FTC Act, which, in...

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“Like-Gated” Promotions No Longer Permissible on Facebook

Last week, Facebook, Inc. (“Facebook”) announced a major upcoming change, effective November 5, 2014, to its Platform Policies that will affect the vast majority of promotions run on the platform. The...

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Numerous Warning Letters Serve as a Reminder that the FTC is Always Watching

The Federal Trade Commission (“FTC”) has been very active in its enforcement efforts in the past couple of months. In addition to other actions which we have blogged about, the FTC recently sent dozens...

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FTC Files Complaint Against DirecTV for Inadequately Disclosing Terms of...

On March 11th, the Federal Trade Commission (FTC) filed a complaint against DirecTV for violations of Section 4 of the Restore Online Shoppers’ Confidence Act (ROSCA)(15 U.S.C. § 8401 et seq.) and...

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An Overview of the NY AG’s Demands On FanDuel and DraftKings

Anyone who has turned on their television in the past year is likely familiar with the business model of DraftKings, Inc. (“DraftKings”) and FanDuel Inc. (“FanDuel”). In case you have missed the...

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FTC Releases Policy Statement and Business Guides on Native Advertising

Just before 2015 came to an end, the Federal Trade Commission (“FTC”) released its much anticipated Enforcement Policy Statement on Deceptively Formatted Advertisements (“Policy Statement”) along with...

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FTC Enters Proposed Consent Order Against Lord & Taylor for Native...

The Federal Trade Commission (“FTC”) has wasted no time in bringing an action against an advertiser for allegedly deceptive native advertising. The FTC released its Enforcement Policy on Deceptively...

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The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guides

Just five months after the Federal Trade Commission (“FTC”) released its Native Ads Policy Statement, the National Advertising Division of the Better Business Bureau (“NAD”) has followed suit and...

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