Blog Posts Tagged with Online Advertising and Marketing

Just in time for Valentine’s Day, the FTC staff released a Data Spotlight highlighting the category of scam with the highest amount of reported financial loss among complaint categories the FTC uses to track fraud. The category may surprise, but here’s a hint. In the words of Bon Jovi, these con artists “give love a bad name.”

Steely Dan may be one of the best duos of the rock era. (Sorry, Donnie and Marie fans.) Their song “Hey Nineteen” reminds us to mention some FTC consumer protection developments that could be of interest to your company or clients in 2019. As “Any Major Dude Will Tell You,” when you’re “Reelin’ in the Years” – or at least recapping the past one – consider this non-exhaustive and in-no-particular-order case compilation.

It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews.

As the song goes, “A house is not a home.” And as alleged in an FTC lawsuit against the operators of rental listing websites, sometimes an apartment isn’t an apartment.

Whether it’s a slimmer waist or an imaginary yacht superimposed in the background, we’re all familiar with the dramatic changes that retouching can make to a photo. A lawsuit the FTC has filed against Tate’s Auto Group and related companies alleges – among other things – that the defendants substantially “retouched” the financial circumstances of customers trying to finance cars.

Like the three sides of a triangle, ROSCA – the Restore Online Shoppers’ Confidence Act – has three basic compliance requirements for online sellers who enroll consumers in continuity plans, often known as negative options. The law bans online negative options unless the seller: 1) clearly discloses all material terms of the deal before obtaining a consumer’s billing information; 2) gets the consumer’s express informed consent before making the charge; and 3) provides a simple mechanism for stopping recurring charges.

When it came to Mobile Money Code’s “system,” money was mobile all right. It traveled in a one-way direction from consumers to the pockets of the principals behind the get-rich-quick venture. That’s what the FTC alleged in a lawsuit filed against an international network of defendants. The FTC says they used affiliate marketing to promise that people would earn “60k a month on 100% autopilot,” but the typical consumer never got off the runway.

Vision Solution Marketing and related defendants pitch services to prospective entrepreneurs and people looking to supplement their income. Among the defendants’ products is business “coaching” that sets people back as much as $13,995. But given the host of alleged misrepresentations cited in a lawsuit filed in federal court in Utah, the FTC says the defendants definitely aren’t playing on consumers’ team.

When the screen goes blue
And the car breaks down
And the smartphone keeps rebooting eternally
Consumers won’t be afraid
No, they won’t be afraid
Just as long as you stand by your warranty.