UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”) released its report on the …

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TCPA Standing- KMT tcpa defense attorneys

Be Specific: TCPA Standing in the Eleventh Circuit

Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there. One critical element is the plaintiff’s standing – specifically, whether the plaintiff suffered harm resulting from the defendant’s conduct. The Eleventh Circuit (federal courts in Florida, …

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Running a sweepstakes? Discuss 'sweepstakes consideration' with a sweepstakes lawyer

Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element

Businesses often employ sweepstakes promotions as a marketing vehicle to promote their goods and services. Sweepstakes can also constitute the business itself, e.g., Publishers Clearing House.  When done well, sweepstakes can become cultural phenomena, such as the McDonald’s Monopoly sweepstakes promotion. Alternatively, when done poorly, sweepstakes can have adverse business consequences and cause marketing teams …

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Facebook TCPA case explained by KMT's telemarketing TCPA lawyers

BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case

On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have …

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Fashion Nova Mail Order Rule Violations- Klein Moynihan Turco

FTC to Pay Consumers for Retailer’s Alleged Mail Order Rule Violations

On March 25, 2021, the Federal Trade Commission (“FTC”) announced that it will pay approximately $6.5 million to more than 500,000 consumers who were affected by online fashion retailer Fashion Nova Inc.’s (“Fashion Nova”) alleged violations of the FTC’s mail order rule (“Mail Order Rule”).  Under the terms of the FTC’s settlement with Fashion Nova, …

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Affiliate Marketing Attorneys: Why You Need One

Affiliate Marketing Attorneys: Why You Need One

Affiliate marketing networks (as well as internal affiliate marketing programs) present businesses with an effective means of leveraging a large pool of independent marketers (“publishers” or “affiliates”), without the need to expend resources locating and negotiating separate contractual arrangements with each of those publishers.  By nature, affiliate marketing involves working with a large volume of …

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