Blog Posts Tagged with Advertising and Marketing Basics

Pages

FTC Milestones: Shared beginnings in the Circle Cilk case

In celebration of the FTC’s 100th anniversary, we’ve been examining the leaves on our family tree. The FTC’s founding is often associated with turn-of-the-century trust busting, but a closer look – including a study of the very first case published in Volume 1 of Federal Trade Commission Decisions – proves that the intertwined roots of consumer protection and competition run deep. That’s one of the themes of the FTC@100 Symposium on Friday, November 7, 2014.

FTC settlement challenges deceptive claims by patent assertion entity

Patent assertion entities have been the subject of much debate in antitrust and intellectual property circles. But there’s one proposition we hope that parties on all sides of the issue can agree on: It’s illegal to falsely threaten patent suits against small businesses or make unfounded claims that other companies have paid for patent licenses.

Full Disclosure

If the disclosure of information is necessary to prevent an ad from being deceptive, the disclosure has to be clear and conspicuous. That shouldn’t be news to any advertiser and certainly not to the 60+ companies – including 20 of the 100 biggest advertisers in the U.S. – that received warning letters as a part of the FTC’s Operation Full Disclosure.

Who’s mining the store? FTC sues company selling bitcoin mining equipment

History buffs – and fans of the series “Deadwood” – know that promises of riches lured many prospectors west. Now imagine if the general store in Deadwood advertised state-of-the-art shovels, pans, and pick axes necessary for mining, but never delivered the gear or delivered it long after others had mined the prime parcels. That’s pretty much what the FTC says Kansas City-based Butterfly Labs is up to, except that what today’s prospectors are mining are bitcoins.

Telling tales out of school

An online high school that bypasses the pep rallies, proms, and the principal’s office? Under the right circumstances, that might be an innovation in education. But what if it skips the classes and coursework while falsely promising a valid sheepskin from an accredited institution?

Acc-cen-tuate the negative?

Acc-cen-tuate the positive.
Eliminate the negative.
Latch on to the affirmative.
And don't mess with Mr. In-Between.

That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it comes to negative options now, the message for marketers is to explain things positively.

FTC settlement with ADT sounds alarm about deceptive use of paid endorsers

Consumers who tuned in to programs like the Today Show, Daybreak USA, and local newscasts may have caught interviews with guests billed as “The Safety Mom,” a home security expert, or a tech expert.  Among the products they reviewed was ADT’s Pulse Home Monitoring System.  Describing it as “amazing” or “incredible,” they offered glowing details about its capabilities, safety benefits, and cost.  But according to the FTC, here's one material fact that wasn’t discussed:  ADT had paid the three spokespersons a total of more than $300,000 and provided two of them with free systems valued at $4,

Statue of limitations?

The awards season may be over for the entertainment industry, but it’s time for consumer protection to take its turn on the red carpet. (Of course, no one should ever have to ask “Who are you wearing?”  A quick look at the label and a search in the FTC’s RN Database will provide that information instantly.)   If we were giving out the statuettes, here are some of the winners from movies and TV.

Less than meets the eye?

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 been news to Don Draper and his colleagues at Sterling Cooper in the early 60s, but it’s been a well-established legal tenet since then.  The FTC’s complaint against Nissan North Ameri

8 advertising potholes auto dealers should avoid

In a drive to encourage truth in auto advertising, the FTC has announced Operation Steer Clear – a coast-to-coast law enforcement sweep focusing on deceptive TV, newspaper, and online claims about sales, financing, and leasing.  If you have clients in the auto industry, the lessons of Operation Steer Clear can help keep them on the right track.

How I spent my summer vocation: FTC revises Vocational School Guides

We’ve all seen ads for vocational schools promising the inside track on well-paying careers in exciting industries.  If you have clients in the vocational school business, class is in session about revisions to key FTC guides.

In place since 1972, the Vocational School Guides (known more formally as the Guides for Private Vocational and Distance Education Schools) are designed to protect potential enrollees from deceptive statements about educational programs that claim to qualify people for certain occupations or trades.

And now a word from our sponsor: FTC announces "native ad" workshop

It used to be pretty clear.  The entertainment portion of a show ended and the commercials began.  The two-column article ran on one side of the newspaper and the ad ran on the other.  Or the webpage had the content in the middle with a banner ad running across the top.  Things are more complicated now.  Some call it “native advertising” or “sponsored content.”  Whatever the name, it’s for sure ads in digital media are starting to look a lot like the surrounding content.  What are the consumer protection implications now that those lines appear to be blurring?  That’s the topic of an

Surely you Jesta: Jamster jammed for mobile cramming

You thought Angry Birds get peeved at those annoying green pigs?  That's nothing compared to consumers’ reaction when they found unauthorized charges “crammed” onto their cell phone bills for phony virus scans that showed up when they played Angry Birds on their Android devices.  To settle an FTC lawsuit, Jesta Digital LLC — you may know them as Jamster — will give refunds to a significant number of consumers, pay an additional $1.2 million, and change the way they do business.

Itchy and Scratchy

Two things that bug us:  1) head lice, bed bugs, and other creepy crawlies that score off the charts on the eeww-ometer; and 2) companies that make deceptive claims that their products can treat and prevent infestations.  Settlements the FTC just announced with the marketers of the BEST Yet! line of cedar oil-based products reminds companies of the importance of backing up claims with sound science.

FTC's record-setting Do Not Call settlement: 4 tips for business and one candid suggestion

Yesterday’s 10th anniversary of the National Do Not Call Registry was a good time to reflect on a decade of progress.  But to paraphrase Thomas Jefferson (or Patrick Henry, Irish statesman John Philpot Curran, or whoever else said it), eternal vigilance is the price of an uninterrupted dinner hour.  A record-setting $7.5 million settlement with a national mortgage broker demonstrates the FTC’s commitment to the fight against

Calling all cards

We’ve been saying it for years:  “What the headline giveth, the footnote cannot taketh away.”  The same holds true for the dense block of text, the hidden-away reverse side, the vague hyperlink, or any other place the FTC has warned advertisers may not meet the standard for “clear and conspicuous” disclosure.  A recent settlement involving long distance phone cards emphasizes what’s not so fine about fine print.

Pages