Category: Deceptive Advertising

September 16, 2013

Appeals Court Rules TCPA Does Not Violate First Amendment

The U.S. Court of Appeals for the Fourth Circuit recently ruled that the Telephone Consumer Protection Act (TCPA) does not violate the First Amendment by requiring robocallers to identify themselves when making calls. Three months before the Maryland gubernatorial election in 2010, political consultant Julius Henson and his company Universal Elections, Inc., were hired to… Read More

June 30, 2013

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other search engines must also maintain clear disclosures to the public about sponsored content in search results. On June 24, 2013, in… Read More

June 28, 2013

CFPB Takes Action Against ‘Abusive’ Acts by Debt-Relief Company

Recently, the Consumer Financial Protection Bureau, the watchdog agency of the financial industry, has proved that it has considerable bite. Created under the Dodd-Frank act to fill gaps in regulatory coverage, the CFPB’s mandate is to enforce federal regulations that, among other things, restrict “unfair deceptive or abusive acts or practices” in consumer finance. The… Read More

April 23, 2013

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are unprecedented and draconian – and that judges seem to be going along. Below is a set of questions and answers with… Read More

March 15, 2013

FTC Revises Online Advertising Disclosure Guidelines: Say It and Say It Clearly

This week, the FTC released updated guidance to its 2000 “Dot Com Disclosures,” a guide covering disclosures in online advertising. The online world has certainly changed in 13 years, and the new guidelines, available here, cover advances in online advertising, including mobile advertising. One central theme still prevails: existing consumer protection laws and rules apply no… Read More

February 27, 2013

FTC Remains Tough on ‘Robocalls’ with New Enforcement Case

Once again, the FTC has completed a major enforcement action against the illegal use of robocalls, a form of prerecorded, computerized telemarketing calls. This time, the action resulted in a $1.1 million civil penalty against Roy M. Cox, an individual whom the FTC considered to be the architect of an illegal robocall operation. The FTC… Read More

December 13, 2012

FTC Report Faults App Developers on Data Collection From Kids

The Federal Trade Commission released a report on December 10, 2012, that concluded that mobile apps targeted at children were collecting large amounts of data from children and sharing their information with advertisers without disclosing their practices. The FTC report examined 400 leading apps designed for kids that were sold in the mobile stores run… Read More

November 20, 2012

CFPB, FTC Announce Crackdown on Deceptive Mortgage Advertising

On November 19, 2012, the Federal Trade Commission and the Consumer Financial Protection Bureau announced that they have launched a new coordinated effort to protect consumers, focusing on mortgage advertisements that they say are deceptive. The CFPB and the FTC worked together to review roughly 800 mortgage ads. These ads were produced by entities involved… Read More

October 18, 2012

It’s Not Easy Being Green: FTC’s Revised Green Guidelines May Adversely Affect the Little Guy

Earlier this month, the Federal Trade Commission released its revised Green Guidelines, providing parameters for advertising and marketing claims of supposedly eco-friendly products. The publication completes a two-year revision process that the FTC undertook, involving the updating of guidelines last visited in 1998. The Commission touted the new guidelines as helping marketers “avoid making misleading… Read More

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