Richard Newman Authors Article for National Law Review on FTC Social Media Bot and Deceptive Advertising Congressional Report

FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “FTC Reports to Congress on Social Media Bots and Deceptive Advertising.”

On Jul 16, 2020, the Federal Trade Commission announced that it has sent a report to Congress on the use of social media bots in online advertising.  The report summarizes the market for bots and outlines the Commission’s past enforcement work and authority in this area, including cases involving automated programs on social media that mimic the activity of real people.

The report notes research showing that the market for social media bots is thriving and out in the open, and that it remains easy, cheap, and effective to sell, purchase and utilize bots for commercial purposes.  It also notes that bots are used on social media for many other purposes, both good and malicious, that they range from simple to sophisticated, and that they can be difficult to detect despite the continuing efforts of platforms, researchers, and others to combat them.

The report also describes the Commission’s previous law enforcement activity related to social media bots and other inauthentic online activity, highlighting the Commission’s recent case against  a company that sold fake followers, likes, and subscribers on social media accounts.  The report notes that the FTC Act’s prohibition on unfair and deceptive acts and practices can apply to these sorts of cases depending on the specific facts.

Commissioner Rohit Chopra issued a statement.

Richard B. Newman is an advertising practices attorney at Hinch Newman LLP.  Informational purposes only. Not legal advice. May be considered attorney advertising.

Richard B. Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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