Internet Law

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 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. …

FTC Compliance and Defense Lawyer Discusses Existential Threat to Lead Generation Industry

As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head.  The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers.  See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC…

FTC Legal Regulatory Considerations for Ecommerce Investment Management Providers

The Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell certain kinds of ecommerce management, business coaching, work-from-home and investment programs. In late 2022, the Federal Trade Commission announced that it was exploring changes to the Business Opportunity Rule in order to broadly expand on…