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clear and conspicuous

New York AG: Marketing to Consumers Must be Clear and Conspicuous!

Companies that market products and services to New York State consumers must be sure that their advertising efforts are lawful and above board. Any significant terms and conditions relating to a consumer purchase should be presented in a clear and conspicuous manner such that the average consumer can recognize and understand them. Businesses that engage […]

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iOS 15 Implements Changes for Email Marketing to Apple Customers- Klein Moynihan Turco LLP

iOS 15 Implements Changes for Email Marketing to Apple Customers

          Recently, Apple released its latest mobile operating system: iOS 15. This update contains major changes to privacy features that will impact email marketing to Apple product customers. Businesses should be aware of the changes and adapt their marketing efforts to fit this new iOS 15 environment. What changed with email marketing to Apple customers?

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LendEDU to Settle Alleged FTC Marketing Law Violations

LendEDU to Settle Alleged FTC Marketing Law Violations

In response to an administrative complaint filed by the Federal Trade Commission (“FTC”), Shop Tutors d/b/a LendEDU (“LendEDU”) has agreed to enter into a settlement agreement to address allegations that it violated federal marketing law.  Specifically, the FTC alleged that LendEDU violated Section 5 of the FTC Act by misleading prospective customers into believing that

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Match.com’s Alleged Deceptive Marketing Practices Lead to Federal Action Under FTC Act/ROSCA

September 27, 2019 On September 25, 2019, the Federal Trade Commission (“FTC”) filed a Complaint against Match Group Inc. (“Match Group”), parent company of Match.com, seeking a permanent injunction and civil penalties.  The FTC’s Complaint alleges that Match.com engaged in the use of deceptive marketing practices “to induce consumers to subscribe to Match.com and keep

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Self-Regulatory Principles Applicable to Internet-Based Advertisers: Giving Consumers a Choice and, Sometimes, Obtaining Express Consent

October 18, 2018 The Digital Advertising Alliance (“DAA”) is a non-profit organization formed and governed by several leading advertising and marketing trade associations. It has enacted and employs several privacy-related self-regulatory principles (the “DAA Principles”) applicable to digital advertising data collection and use. The DAA Principles cover entities engaged in Internet-based advertising and seek to

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Business Coaching Scheme Sunk by Deceptive Marketing

September 13, 2018  On January 29, 2018, the Federal Trade Commission (“FTC”) filed a complaint against Digital Altitude LLC, et al. (“Digital Altitude”), for misrepresentations regarding potential earnings and the goods and services it provided. Earlier this month, one of the defendants, Sean Brown, agreed to settle with the FTC. On its face, the business

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