Blog Posts Tagged with Advertising and Marketing

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Review, rethink, reform

TVs, textiles, appliances, and spam. That may sound like an eclectic shopping list at a big box retailer, but they’re clues to an FTC development you and your clients should know about.

They’re all categories affected by four rules the FTC is putting under the regulatory microscope: the Picture Tube Rule, the Textile Rules, the Energy Labeling Rule, and the CAN-SPAM Rule.

Court orders $280 million from Dish Network, largest ever Do Not Call penalty

It’s a record-setting win for America’s consumers and a resounding affirmation that the Do Not Call Registry means DO NOT CALL. Eight years of tenacious litigation by the Department of Justice, the FTC, and the Attorneys General of California, Illinois, North Carolina, and Ohio has resulted in a $280 million civil penalty against Colorado-based satellite TV provider Dish Network.

FTC settlement with Amazon yields $70 million for consumers, advice for business

The FTC’s law enforcement action against Amazon for unauthorized billing recently settled, leaving two key takeaways: 1) Consumers are eligible for more than $70 million in refunds; and 2) Businesses need to get customers’ express consent before placing charges on their credit or debit cards.

FTC challenges claims for opiate withdrawal products

Is there a family or a workplace that hasn’t been touched in some way by the public health crisis of opiate addiction? It’s no wonder that advertisers are offering purported treatments. But an FTC settlement with a Texas-based business stands for the fundamental principle that companies’ health claims need the support of sound science.

Court opinion considers soundboard technology and the Robocall Rule

Here’s the thing about robots. Whether it’s Astro Boy, C-3PO, Optimus Prime, or Major Motoko Kusanagi from Ghost in the Shell, variations on the technology are often out there. The same could be said for robots’ less popular cousins, robocalls. A recent opinion from a United States District Court discusses the FTC’s Robocall Rule and serves as a reminder for telemarketers to mark May 19, 2017, on their calendars.

Publishers Business Services: Quotable quotes on remand

As any golfer will tell you, consistent follow-through is essential. And when the FTC files a lawsuit to protect consumers, the agency is in it for 18 holes – and a play-off, if necessary. Filed as part of Operation TELE-PHONEY, a nationwide crackdown on deceptive telemarketing, the FTC sued Publishers Business Services in 2008.

Pushing the envelope?

There are oldies but goodies. Then there are oldies and baddies. The FTC warns people looking for business opportunities to watch out for trendy tech scams and retro rip-offs. A New Jersey-based outfit cranked the Wayback Machine into overdrive by putting a contemporary spin on what may be one of the granddaddies of all bogus bizopps.

BOTS Act: That’s the ticket!

It used to be a rite of passage: spending the night in a line outside the box office to score tickets to the Stones, Springsteen, or [insert your favorite group here]. The convenience of internet ticket sales ended the sleeping-on-the-sidewalk ritual. But online ticket sales raised another concern: Were prospective buyers losing out to computer programs that scooped up the best seats only to resell them at inflated prices?

Annual highlights shed light on FTC year in review

On the first day of law school, students learn the Latin maxim Res ipsa loquitor – “The thing speaks for itself.” Pardon the inaccurate translation, but in the case of the FTC’s Annual Highlights, we think Tabula crustum ipsa loquitor – “The pie chart speaks for itself.” In other words, the statistical recap of the past year tells an important story about what the FTC is doing to protect consumers and promote competition.

FTC alleges deceptive “free” offers teed off golfers and left home chefs feeling burned

When websites prominently advertised “FREE!” golf balls and other gear, duffers and low-handicappers alike swung for the deal. But according to the FTC, 10 related defendants drove consumers into the rough with poorly disclosed terms and conditions, deceptive negative options, and misleading upsells, in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act.

Celebrating small business during National Consumer Protection Week

Today kicks off National Consumer Protection Week, but what the FTC does to protect consumers is only part of the story. We also work hard to help small business get down to business. Here are just a few examples of what we’re doing to protect your business from deceptive practices.

FTC and NASCO to explore consumer protection and charitable solicitations

Americans are among the most generous people in the world, contributing more than $373 billion to charity in 2015, according to The Giving Institute. Not only are Americans giving more to charity, but evolving marketing practices and new technologies have introduced different ways for organizations to accept donations and new challenges for consumer protection law enforcement and education.

Trial and error

Imagine a series of promotions that involve pain relief promises, cognition claims, endorsements, 30-minute radio ads, “risk-free” money-back guarantees, “free” trial offers, negative options, telemarketing, and upsells of buying club memberships. What could possibly go wrong for consumers?

Where would you like to start?

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