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TSR Changes in 2015

In late November 2015, the Federal Trade Commission finalized amendments to the Telephone Sales Rule that regulates the telemarketing industry. Marketers need to understand that the amendments contain changes that...

2019-12-10T03:31:25+00:00Telemarketing Sales Rule|

The Internet of Things Gone Wild: FTC Alleges Deception in Marketer’s Claims of Device Security

The FTC has filed a complaint in the Northern District of California alleging that D-Link Corporation, a Taiwan-based manufacturer, failed to take adequate steps to protect its routers and Internet cameras from readily preventable security flaws, and yet touted the security of its routers in the company’s promotional materials...

Quick Start Guide: Complying with FTC Guidance Concerning Social Media Influencer Campaigns

As you probably know by now, in April the Federal Trade Commission signaled its heightened concern with social media influencer campaigns that fail to disclose the existence of a business or family relationship between the influencer and the advertiser. As a clear indication of more serious enforcement to come, the Commission sent...

Privacy Unfairness and the First Amendment: Happy Birthday Central Hudson

March 17 of this year marks the 37th anniversary of oral arguments in Central Hudson Gas & Electric Corporation v. Public Service Commission of New York 447 US 557 (1980), a case that should serve as a reminder that commercial speech is, in fact, entitled to First Amendment protection – something that is all too often overlooked in the legal analysis of advertising campaigns and...

2019-12-10T03:42:56+00:00Privacy, Unfair Advertising|

No Whitewash of Endorsement Claims in Proposed FTC Settlement with Paint Companies

Marketers interested in the regulation of “green” claims in the home paint category will want to take notice of the Federal Trade Commission’s proposed settlement this week with four paint companies who were alleged to have made deceptive claims that their products were emission-free or contained zero volatile organic compounds (VOCs). But all marketers should take not...

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