Tag: Advertising and Marketing

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The Federal Trade Commission is mailing refund checks totaling more than $1.8 million to 433 consumers who were victimized by a scam that promoted video rental machines as a business opportunity.
Following a public comment period, the Federal Trade Commission approved final consent orders settling charges that two automotive dealers deceptively advertised the cost or available discounts for their vehicles.
The Nursery Guides address numerous sales practices for outdoor plants, including deceptive claims as to quantity, size, grade, kind, species, age, maturity, condition, vigor, hardiness, growth ability, price, and origin or place where grown.
The Contact Lens Rule contains two key requirements. The first requirement is that contact lens prescribers (i.e., optometrists and ophthalmologists) must provide patients with a copy of their contact lens prescriptions at the completion of a contact lens fitting. The second...
Under these plans, sellers ship merchandise such as books, compact discs or tapes automatically to their subscribers, and bill them for the merchandise, if they do not expressly reject the merchandise within a prescribed time.
The Hobby Protection Act, passed by Congress in 1973, covers imitation political items (e.g., buttons, posters, stickers, etc.), as well as imitation numismatic items (e.g., various coins, tokens, paper money, commemorative medals) that are required to be marked with certain...
The Cooling Off Rule provides that it is unfair and deceptive for sellers engaged in “door-to-door” sales valued at more than $25 to fail to provide consumers with disclosures regarding their right to cancel the sales contract within three business days of the transaction.
The Rule, issued in 1975, requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days. The...
We’re not lyricists, but had the 1972 hit “You Don’t Mess Around with Jim” been addressed to defendants in FTC actions, here’s our proposed rewrite:You don’t tug on Superman’s cape. You don’t spit into the wind.You don’t pull the mask off that old Lone Ranger.And you don’t engage in...
At the request of the Federal Trade Commission, a U.S. district court judge in Florida has issued a contempt order against Bryon Wolf and Roy Eliasson, two key individuals who operated a deceptive marketing scheme since 2009.
The CAN-SPAM Act requires the Commission to issue regulations “defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.” The CAN-SPAM Act applies almost exclusively to “commercial electronic mail messages”.
When an ad purports to show a “right before your eyes” demonstration of a product in action, the visual must be a truthful representation of what it can do.  If that’s not the case, both the advertiser and the ad agency can find themselves in law enforcement quicksand.  That may have...
Nissan North America, Inc., and an advertising agency that designed television ads for the mid-sized Nissan Frontier pickup truck have agreed to settle Federal Trade Commission charges of deceptive advertising for a 30-second ad showing a Frontier pushing a dune buggy up a steep hill, something...
An FTC-commissioned research study designed to investigate consumer take-away from one print advertisement and two TV advertisements for a probiotic dairy drink product called DanActive. Specifically, the study sought to assess whether the advertisements communicated to consumers,...

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