Lead Generation

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…

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…

FCC Proposed Rule Would Turn Lead Generation Industry on its Head

The FTC has issued a Notice of Proposed Rulemaking that would devastate the lead generation industry if enacted. The FCC Chairwoman has proposed a new rule that would block unlawful robotexts.  Read more, here. The FCC first issued a Report and Order requiring mobile wireless providers to block text messages from numbers on a reasonable Do Not…

Richard Newman Authors Article for JD Supra on Potential Changes to FTC Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities

FTC defense attorney Richard B. Newman recently authored an article for JD Supra titled “FTC Compliance Attorney Foreshadows Evolving Biz Opp Rule to Include Money-Making, Business Coaching and Mentoring, and eCommerce and Investment Opportunities.” The article examines the responsibilities of “covered sellers,” the “Disclosure Document, “the Earnings Claim Statement,” tips for complying with the Biz…

What Advertisers, Ad Agencies and Review Sites Need to Know About the FTC’s Proposed Endorsement Guide Rule

The FTC’s Endorsement Guides are a roadmap about how the agency perceives marketing practices that involve endorsements and testimonials under Section 5 of the FTC Act.  To date, practices that do not comply with Guides often draw the attention of regulators, including the issuance of civil investigative demands and enforcement actions based upon alleged deceptive…