ftc endorsement guidelines

NEW FTC GUIDELINES FOR ENDORSEMENTS AND TESTIMONIALS RELEASED

Blog, Online Marketing & Advertising Law /

The Federal Trade Commission (“FTC” or the “Commission”) has released its updated Endorsement Guides for 2023. The FTC Guidelines “at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading.”  The FTC Guidelines concerning the use of  endorsements and testimonials in advertising require that “[i]f there’s a connection between an […]

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subscription content

Is Amazon Tricking Customers Into Providing Subscription Consent?

Blog, Online Marketing & Advertising Law /

On June 21, 2023, the Federal Trade Commission (“FTC” or “the Commission”) filed a heavily redacted Complaint against Amazon.com Inc. (“Amazon”) in the Western District Court of Washington. The Complaint alleges that the practices used by Amazon to obtain subscription consent violate both Section 5 of the Federal Trade Commission Act (“FTC Act”) and the

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sweepstakes amoe

The Importance of a Valid Sweepstakes AMOE

Blog, Sweepstakes & Gaming Law /

A recent Federal Trade Commission (“FTC”) action against, and settlement with, Publisher’s Clearing House (“PCH”) highlights the importance of offering consumers a free alternative means of entry into all sweepstakes promotions (also referred to as a “sweepstakes AMOE”).  Sweepstakes operators may enable consumers to enter a sweepstakes via the purchase of a product or service.

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subscription content

Is Amazon Tricking Customers Into Providing Subscription Consent?

Blog, Online Marketing & Advertising Law /

On June 21, 2023, the Federal Trade Commission (“FTC” or “the Commission”) filed a heavily redacted Complaint against Amazon.com Inc. (“Amazon”) in the Western District Court of Washington. The Complaint alleges that the practices used by Amazon to obtain subscription consent violate both Section 5 of the Federal Trade Commission Act (“FTC Act”) and the

Is Amazon Tricking Customers Into Providing Subscription Consent? Read More »

subscription cancellation

FTC Takes Aim at Amazon’s Subscription Cancellation Process

Blog, Online Marketing & Advertising Law /

On June 21, 2023, the Federal Trade Commission (“FTC” or the “Commission”) sued online retail giant Amazon.com for violating of section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”). The FTC is a United States governmental agency whose primary mission is to protect consumers and enforce civil antitrust laws. With

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Do Your Privacy Policy Changes Require Consumer Notice and Consent?

Blog, Data & Privacy Law /

Website operators may need to update their privacy policies when they make changes to their respective personal information collection, storage, sharing and usage practices.  Depending on the nature of the privacy policy changes, businesses may also need to provide notice to, and obtain consent from, consumers in order to comply with applicable privacy laws.  

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tcpa consent

28 Attorneys General Ask for Major TCPA Consent Changes

Blog, Telemarketing Law /

On March 16, 2023, the Federal Communications Commission (“FCC”) issued a Report and Order and Further Notice of Proposed Rulemaking (“FNPR”) addressing a variety of issues under the Telephone Consumer Protection Act (“TCPA”). As our readership is aware, the TCPA is a federal statute designed to protect consumer privacy by restricting certain types of telemarketing

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Third Circuit Decision Broadens TCPA Autodialer Definition? - Klein Moynihan Turco LLP

FCC: TCPA OPT-OUT REQUESTS TO BE HONORED WITHIN 24 HOURS!

Blog, Telemarketing Law /

On May 18, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”). Among other things, the NPRM proposes that companies honor certain unsubscribe or TCPA opt-out requests within 24 hours of receipt. To be discussed in a future blog, the NPRM also proposes to codify the Commission’s prior ruling that a one-time text

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