Month: November 2020

Social media endorsements: being transparent with your followers Influencer marketing and review websites have attracted a great deal of attention recently by states and federal regulatory agencies, including the FTC.  The FTC’s Endorsement Guides addresses the application of Section 5 of the FTC Act to the use of endorsements and testimonials in advertising. The FTC Endorsement Guides suggest…

The Ninth Circuit recently held that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browsewrap” agreement on the website.  A browsewrap agreement is one that is attempted to be enforced against a website user by virtue of his/her use of a website.  Contrast…

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers.  Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…

As blogged about here and here, brands and intermediary agencies that they do business with are expected to train and monitor endorsers, utilize written social media policies, take appropriate remedial action and document all efforts to implement preventative advertising compliance measures, including those designed to ensure the clear and conspicuous disclosure of material  connections between advertisers and…

As blogged about here, the FTC’s authority to seek monetary disgorgement relief from defendants in federal court is under assault.  Consequently, all five FTC Commissioners have recently forwarded a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would…