Advertising and Marketing

FTC and State Law Enforcers Announce Lead Generation Telemarketing Enforcement Sweep

On July 18, 2023, the Federal Trade Commission and more than 100 federal and state law enforcement partners nationwide, including the attorneys general from all 50 states and the District of Columbia, announced a new crackdown on illegal telemarketing calls involving more than 180 actions targeting operations responsible for billions of calls to U.S. consumers.…

FTC Publishes Final Revised Endorsement Guides, Updates a Staff FAQ Publication and Proposes a New Rule Governing Fake Reviews

The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009.  The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is truthful.  Advertisers that deceive consumers via endorsements or testimonials may violate the FTC Act.  The Guides, among other things, state that advertisers need…

Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa FTC COPPA Case Lessons: Biometrics, Avatars and Other New Expectations

FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart devices…

FTC Places Online Marketplaces on Notice of Obligations Under INFORM Consumer Act

The Federal Trade Commission has recently sent letters to 50 online marketplaces nationwide notifying them about their obligation to comply with the new Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act – or the INFORM Consumers Act – as soon as it takes effect on June 27, 2023. “The INFORM Consumers Act…

FTC Requires Microsoft to Pay $20 million over Charges it Illegally Collected Personal Information from Children without Parental Consent

On June 5, 2023, the FTC announced that Microsoft will pay $20 million to settle agency charges that it violated the Children’s Online Privacy Protection Act (“COPPA”) by collecting personal information from children that signed up to its Xbox gaming system without notifying their parents or obtaining their parents’ consent, and by illegally retaining children’s…

FTC Explores Environmental Claims and Civil Penalty Rulemakings

On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …