Digital Advertising Alliance Releases Principles for Multi-Site Data
On November 7th, the Digital Advertising Alliance (“DAA”), the self-regulatory coalition comprised of the largest media and marketing associations in the U.S., including the American Association of...
View ArticleNLRB Issues Second Report Reviewing Social Media Enforcement Actions
On January 25, 2012 the National Labor Relations Board (“NLRB”) Office of the General Counsel released a report summarizing fourteen cases that were before the NLRB concerning the “protected and/or...
View ArticleNTIA Requests Comments on New Privacy Framework
As we previously posted, on February 23, 2012, the White House released a white paper setting forth A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (the...
View ArticleThe FTC MySpace Settlement: A Reminder to Say What You Do & Do What You Say
Once again, the Federal Trade Commission (“FTC”) has settled with a social networking platform regarding deceptive and misleading privacy practices. Following settlements with Twitter, Inc. in June...
View ArticleThe NAD’s First Take on Pinterest: Pinterest Content Subject to Testimonial...
In a recent decision, the National Advertising Division (“NAD”) found that consumer “pins” on the “virtual bulletin board” site, Pinterest.com (“Pinterest”), are subject to the FTC’s Guides Concerning...
View ArticleBieber Fever Gets a Dose of the FTC: Operator of Bieber Fan Site (Among...
Last week, the Federal Trade Commission (“FTC”) reached a settlement with Artist Arena LLC (“Artist Arena”), a company that operates pop star fan websites targeting the Tween set. In the complaint...
View ArticlePinterest’s Accounts and Terms of Service for Businesses and their Potential...
On November 14, 2012, Pinterest, Inc. revamped the Terms of Service (“Terms”) for Pinterest.com (“Pinterest”) and created new business only accounts (“Business Accounts”) to be governed by the site’s...
View ArticleFTC Sues Senders of Spam Text Messages for Violations of the FTC Act
Late last week the Federal Trade Commission (“FTC”) announced that it filed eight complaints against various affiliate marketers that had allegedly sent millions of unwanted text messages to consumers....
View ArticleWhat’s Up with Up To Claims?
For years, the generally accepted principle at the Federal Trade Commission (“FTC”), the Better Business Bureau (“BBB”) and the National Advertising Division (“NAD”) has been that an “Up To Claim”...
View ArticleKnowledge-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...
View ArticleDecision 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...
View Article#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...
View Article“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...
View ArticleNumerous 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...
View ArticleFTC 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...
View ArticleAn 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...
View ArticleFTC 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...
View ArticleFTC 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...
View ArticleThe 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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