deceptive marketing

How To Protect Your Company, and Yourself, When a State Attorney General Contacts You Concerning Your Marketing Practices

November 25, 2014 Who Is The Attorney General Watching? Due to rapidly developing technologies and constantly evolving marketing practices, businesses working in the Internet marketing space are frequently the subject of Attorney General inquiries and lawsuits.  This is true whether your business provides marketing services or utilizes third party marketers to sell your products or […]

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FTC Targets Deceptive Marketing of Weight-Loss “Shapewear”

On September 29, 2014, the Federal Trade Commission (“FTC”) announced settlements with two separate marketers of women’s undergarments who claim that use of their products results in weight loss.  Specifically, both Norm Thompson Outfitters, Inc. and Wacoal America, Inc. have entered into settlement agreements with the FTC, requiring the companies to collectively pay some $1.5

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Warning: FTC’s “Operation Full Disclosure” Targets Over 60 TV and Print Advertisers for Alleged Deceptive Marketing

As part of its “Operation Full Disclosure,” the Federal Trade Commission (“FTC”) recently issued over sixty “warning” letters to companies involved in national television and print advertising, including twenty of the 100 largest advertisers in the country, for allegedly failing to make adequate disclosures in their ads. Operation Full Disclosure The FTC scrutinized a number of

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Cactus Juice Marketers Agree to Pay $3.5 Million to FTC

On July 11, 2014, the Federal Trade Commission (“FTC”) announced a $3.5 million settlement with TriVita, Inc. (“TriVita”), Ellison Media Company (“EMC”) and their respective principals.  The FTC filed a complaint against the parties on July 10, 2014 in the United States District Court for the District of Arizona.  The FTC alleged that TriVita and

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FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme

The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The

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California v. Overstock.com: A Cautionary Tale about Comparative Advertising

On January 3, 2014, the Superior Court of the State of California issued a tentative ruling and proposed statement of decision, finding that the online merchant Overstock.com had made untrue and misleading comparative advertising claims in connection with the pricing of its products.  District attorneys from seven separate California counties initiated the lawsuit against Overstock.com

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Telemarketers Charged with Deceptive Marketing to Pay $14 Million Penalty for Violating Injunction Order

In 2008, Bryon Wolf and Roy Eliasson settled deceptive marketing charges filed against them and their company, Suntasisa Marketing, Inc., by the Federal Trade Commission (FTC).  Mr. Wolf and Mr. Eliasson were ordered to pay $11 million dollars for deceptively marketing their products in violation the Federal Trade Commission Act.  As part of the settlement,

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The Monster in the Closet Just Might Kill You: Regulators Continue to Battle Monster Energy and its Aggressive Marketing to Minors

Hot on the heels of a win in California federal court, the San Francisco City Attorney has teamed up with the New York State Attorney General in its investigation of Monster Beverage Corporation (“Monster”) for deceptive marketing and sales practices targeting children and adolescents. While in the midst of settlement negotiations with the San Francisco

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