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FTC lawsuit insists on FCRA compliance and transparency from background report providers

Seena Gressin
Advertising keywords are the carnival barkers of the internet. Their job is to shout, “Me, me, me, me, me!” to people searching online for a product or service. If successful, they’ll get prospective customers to click on the ad or website of whoever paid their fare. A newly announced FTC case is a reminder that if you use keywords to promote your product for uses covered by the Fair Credit Reporting Act (FCRA), it’s time to step right up and pay...

Nine takeaways from the Initial Decision in the Intuit TurboTax action

Samuel A.A. Levine, Director, FTC Bureau of Consumer Protection
The Initial Decision in the administrative action challenging allegedly deceptive “free” claims for Intuit’s TurboTax product was just released, and the meticulous 237-page opinion is a must-read for anyone in the advertising arena.

Just what the doctor didn’t order

Lesley Fair
There’s a scam targeting doctors, nurses, and other healthcare professionals, but you could be a part of the cure.

Franchise Fundamentals: Reducing the risks – and reporting if things go awry

Lesley Fair
We’ve all heard the adage “Proper preparation prevents poor performance.” It’s been attributed to everyone from Vince Lombardi to Secretary of State James Baker. As we’ve discussed in the first four installments of our Franchise Fundamentals series, proper preparation – including a thorough pre-commitment investigation into the franchise – may help reduce the risk of painful problems later. But what if a franchisee is concerned that a subsequent business breakdown could be due to a franchisor’s precarious promises?

Can’t lose what you never had: Claims about digital ownership and creation in the age of generative AI

Michael Atleson, Staff Attorney, FTC Division of Advertising Practices
Let’s say someone walks into an old-fashioned record store looking for the Bright Eyes song “False Advertising.” Upon finding and buying the album, she’d have little reason to fear that store employees might sneak into her house later and take it back from her. She’d also have no cause to think that the album was counterfeit and not by the band at all. Now let’s say instead that the same song inspires an artist to create a mural depicting the FTC’s greatest false ad cases, and the mural gets displayed in a local gallery. The artist might be surprised if the gallery later shuts its doors and refuses to return the mural . . . or if some other company secretly reuses bits of it to make something else.

When sending commercial email, businesses can’t unsubscribe from CAN-SPAM compliance

Lesley Fair
Just because consumers sign up for a membership or subscription doesn’t mean they sign up to get unwanted marketing email. A proposed $650,000 settlement with Experian Consumer Services just filed on the FTC’s behalf by the Department of Justice reminds businesses that they can’t “unsubscribe” from their legal obligations under the CAN-SPAM Act.