Employing every available means to protect consumers from deceptive and misleading practices, the FTC recently announced the revitalized use of its statutory Penalty Offense Authority. More than 700 businesses – top consumer products companies, leading retailers and retail platforms, major ad agencies, and other names you know – are recipients of the latest Notice of Penalty Offenses aimed at curbing illegal practices in the use of endorsements and testimonials.
Blog Posts Tagged with Advertising and Marketing Basics
When the financial future of millions of Americans is at stake, it’s important for the FTC to use every tool at its disposal to protect consumers from deceptive and unfair conduct. The FTC just announced the revitalized use of an existing method to hold companies accountable by imposing financial penalties for illegal acts.
No one can top Waylon Jennings’ invitation to Luckenbach, Texas, where people can get “Back to the Basics of Love.” But we can offer the next best thing for business executives, advertising professionals, and attorneys: a virtual invitation to Dallas, Texas, on June 24, 2021, to get back to the basics of law.
As the fast-talking talent scout said in a hundred Hollywood classics, “I’m gonna put you in the movies!” MoviePass promised to put consumers in the movies – or at least in movie theaters – with its $9.95 per month “one movie per day” subscription plan.
Many consumers experience sticker shock when they total up what they pay each month for television, add-on channels, satellite programming, streaming services, and the vast array of other content they buy. So it’s no surprise that people thinking about cutting the cord were drawn to claims by New York-based Wellco, Inc., and CEO George Moscone that the company’s TV antennas would let users cancel their cable service and still get all of their favorite channels for free.
Misleading tactics in the sale of magazine subscriptions is an illegal practice the FTC has challenged in numerous cases. But an action just filed by the FTC and the State of Florida focuses on a new audience allegedly targeted for deception: the families of people who are incarcerated and inmates themselves. The pending case also suggests compliance reminders that apply to companies in just about any industry.
You know those friendly calls from people contacting you on behalf of charities whose missions are close to your heart?
Wondering what you can do to help protect consumers in your area? The FTC just launched an initiative aimed at partnering with legal aid organizations to expand outreach to lower-income members of the community. The goal: to connect people who have experienced fraud and other consumer problems with an easy way to report it and with advice to help them recover.
A lot has been said about changes to the marketplace spurred by the gig economy, but some things remain constant, including established truth-in-advertising principles. Amazon told delivery drivers in its Amazon Flex program – as well as customers who placed orders through services like Prime Now and AmazonFresh – that 100% of tips would go directly to the drivers. But according to an FTC lawsuit, for a period of more than two years, Amazon secretly pocketed over $61 million of those tips.
Remember live music? Remember the thrill of enjoying a performance or sporting event with a packed house of fans? As we look forward to a return to in-person entertainment, it’s easy to forget the frustration of trying to buy tickets as soon as online sales opened only to be shut out by companies that used tricks to grab them up and sell them at much higher prices. That’s the conduct Congress intended to stop with the passage of the Better Online Ticket Sales (BOTS) Act.
In many ways, gift cards ushered in a win-win era. Better gift-giving (and getting) for consumers and increased sales for retailers. But leave it to scammers to try to mess up a good thing. According to an FTC Data Spotlight, gift cards are now the top method of payment favored by many fraudsters. For years, the FTC has warned consumers about gift card grifters.
At the Monterey Pop Festival, the legendary Jimi Hendrix reportedly one-upped The Who by setting fire to his guitar and his amplifier. The legendary – but fictional – Nigel Tufnel of Spinal Tap boasted of having an amp that “goes to 11.” Of course, those aren’t the kind of amps covered by the FTC’s Amplifier Rule.
“It’s the Wild West out there!” How often have you heard that statement made about health claims for products containing CBD? But here’s the thing: It’s not the Wild West. In fact, health-related representations for CBD products are subject to the same established requirements of scientific substantiation the FTC has applied for decades to any advertised health claim.
One digit can make a lot of difference. Would the Proclaimers have walked 501 miles? How effective was Love Potion #10? Did the Beatles ask would you still need me, would you still feed me when I’m 65? With so much attention on Section 5 of the FTC Act, some may overlook another important provision of the statute: Section 6(b).
Ohioans know how to handle the virtually impossible.
What’s in a name? According to an FTC lawsuit filed in April, if you’re an outfit that uses the name “SBA Loan Program” – and you falsely claim to be an approved lender for the Small Business Administration’s coronavirus relief lending program – what’s in your name is deception. Under the terms of a settlement, that shady tactic stops right here, right now.
Natives and fans heartily agree that “Cleveland Rocks!” That’s why the Federal Trade Commission and its Ohio partners are ready to roll with the next installment of Green Lights & Red Flags: FTC Rules of the Road for Business, set to make its online debut on October 29, 2020, from Cleveland.
Fundraiser Outreach Calling’s telephone pitches were persuasive. Generous Americans opened their hearts and wallets to fund personal care packs for hospitalized veterans, support services for women with breast cancer, “financial assistance for families of officers killed in the line of duty,” and other charitable programs – or so they thought.
Every day, the FTC is collecting data, watching the numbers, and spotting the trends. We’re also spreading the word about COVID-19-related scams that target consumers and businesses. Because the more you know about what’s happening, the easier it will be to protect yourself and others from these scams.