FTC

Kohl’s and Walmart Fined $5.5 Million for Marketing Law Violations - Klein Moynihan Turco LLP

Kohl’s and Walmart Fined $5.5 Million for Marketing Law Violations

On April 8, 2022, Kohl’s and Walmart were fined for violating federal marketing laws, resulting from a Federal Trade Commission (“FTC”) investigation alleging that the businesses had: 1) falsely marketed dozens of rayon textile products as being made of bamboo; and 2) misleadingly claimed that such “bamboo-derived” textiles were made using ecofriendly processes. In reality, […]

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Robocall Violations, VoIP Providers, and the FTC

Robocall Violations, VoIP Providers, and the FTC

The Federal Trade Commission (“FTC”) recently sent a strong message in enforcing its demands for information from certain VoIP providers. As part of an investigation into alleged robocall violations, the FTC sent letters demanding information from VoIP providers concerning certain telemarketing users. When the service providers failed to comply with the demands, the FTC sued

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Company Banned for FTC Telemarketing Law Violations - Klein Moynihan Turco LLP

Company Banned for FTC Telemarketing Law Violations

The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that consumers, especially older Americans, were “tricked into paying for supposedly free in-home medical alert devices.” Pursuant to the Lifewatch FTC telemarketing law settlement, the Lifewatch defendants were banned from engaging

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Legal Concerns for Product Endorsements by Social Media Influencers - Klein Moynihan Turco LLP

Legal Concerns for Product Endorsements by Social Media Influencers

In the endless search for new and creative ways to promote products, many advertisers are enlisting the service of social media influencers (“Influencers”) – people whose online popularity and relevance grant them influence over others within their social sphere. Many influencers will make product endorsements on behalf of advertisers through social media platforms (such as Facebook,

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FTC Cracks Down on Fake News - Klein Moynihan Turco LLP

Fake it ‘Til You Make It: FTC Brings Down the Hammer on False Reviews

In the past, the Federal Trade Commission (“FTC”) warned, and subsequently penalized, businesses that publish misleading and false reviews or endorsements. Now, the FTC is taking things up a notch, by utilizing its Penalty Offense Authority to alert businesses of the fact that the Federal Trade Commission Act (the “Act”) will be enforced even more

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Telemarketing List Management Agreements: Age of Consent

Telemarketing List Management Agreements: Age of Consent

Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers.  Where permitted by the applicable privacy policy, as well as the specific telemarketing-related consent obtained from the subject consumers at

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Avoid Deceptive Internet Marketing Claims- Klein Moynihan Turco LLP

Avoid Deceptive Internet Advertising Claims with These 3 Factors

Article photo by https://ethereumcode.io/ The Federal Trade Commission (“FTC”) and state attorneys general have made clear that businesses that engage in “misleading” or “deceptive” advertising will face stiff penalties, including fines. If you use the Internet to market products or services, you need to be aware of the laws applicable to deceptive advertising.

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Promotional Marketing Concerns Associated with Online and Mobile Media- KMT

Promotional Marketing Concerns Associated with Online and Mobile Media

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, such as the Federal Trade Commission (“FTC”), are tasked with regulating,

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