FTC Archives - Page 2 of 23 - Klein Moynihan Turco

Marketing Campaigns Under Scrutiny for Potential FTC Law Violations

Blog, Online Marketing & Advertising Law / David Klein

The Federal Trade Commission (“FTC”) recently put almost 700 companies on notice that their marketing campaigns must come into compliance with FTC law or else face stiff penalties. The FTC is the nation’s leading consumer protection agency, with a “broad mandate to protect consumers from fraud and deception in the marketplace.” As exhibited by its […]

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New FTC Health-Related Advertising Guidelines Released

Blog, Online Marketing & Advertising Law / David Klein

Marketing companies take notice: on December 20, 2022, the Federal Trade Commission’s (“FTC’s” or “Agency’s”) Bureau of Consumer Protection released a 40-page, comprehensive Health Products Compliance Guidance (the “Guide”). The new Guide is considered to be a significant update to the earlier 1998 version, Dietary Supplements: An Advertising Guide for Industry.The FTC Health-related advertising guide is comprehensive

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Google and iHeartMedia Sued for Unlawful Paid Endorsement Marketing Practices

Blog, Online Marketing & Advertising Law / David Klein

Product and service endorsement is an effective way to generate consumer interest. As our readers know, this method of advertising must comply with applicable state and federal regulations or business owners risk costly and time-consuming regulatory action. For example, the Federal Trade Commission (“FTC” or “Commission”) and multiple state attorneys general recently brought suit against

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FTC Staff Report Details Rise in Dark Patterns

Blog, Online Marketing & Advertising Law / David Klein

A September 2022 FTC Staff Report has revealed that manipulative marketing practices by businesses, termed “dark patterns,” is on the rise. The Federal Trade Commission (“FTC”) is a United States government agency whose primary mission is to protect consumers and enforce civil antitrust laws. Since the advent of direct mail and brick and mortar retail,

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Fake Reviews Violations and Phony Listings Result in FTC Lawsuit

Blog, Online Marketing & Advertising Law / David Klein

The Federal Trade Commission (the “FTC” or “Commission”) and six states sued Roomster Corp. and its owners for allegedly deceiving consumers with fake reviews and bogus listings. Roomster is an Internet-based room and roommate finder platform, purporting to help consumers find affordable housing via its website and mobile apps. Users must pay a fee to

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FTC Returning Almost $25 Million to Consumers for Sweepstakes Law Violations

Blog, Sweepstakes & Gaming Law / David Klein

Running a successful sweepstakes contest is a proven, effective way to expand and retain your customer base. In order for the contest to be successful, the entire promotion must be prepared and executed according to applicable regulations, down to the issuing of prizes. Failing to adhere to sweepstakes laws will serve to invalidate the contest

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FTC Endorsement Guides: Proposed Changes

Blog, Online Marketing & Advertising Law / David Klein

On May 24, 2022, the Federal Trade Commission (“FTC”) unanimously approved a notice of proposed amendments to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (the “Endorsement Guides”). The proposed amendments to the Endorsement Guides target, among other things, the fraudulent practice of posting fake positive reviews and suppressing bad reviews in online

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FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception

Blog, Telemarketing Law / David Klein

In a recently released Advanced Notice of Proposed Rulemaking (“Notice”), the Federal Trade Commission (“FTC”) is seeking comment on certain important proposed amendments to the Telemarketing Sales Rule (“TSR”). Among these proposed (but not yet enacted) amendments is the potential repeal or narrowing of the long-standing Business to Business (“B2B”) exception. On a basic level,

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