Linda A. Goldstein

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Coinbase Decision Highlights Importance of Official Rules’ Dispute Provisions

Photo of Linda A. GoldsteinPhoto of John P. FerryBy Linda A. Goldstein and John P. Ferry on Posted in Advertising
In a rare example of a sweepstakes leading to litigation, Coinbase and its promotion agency, Marden-Kane, were sued over a sweepstakes run by Coinbase and administered by Marden-Kane titled “Trade Doge. Win Doge.” As part of that sweepstakes, Coinbase offered prizes totaling $1.2 million of Dogecoin to individuals who purchased or sold $100 worth of … Continue Reading

The Rubber Hits the Road to the Tune of $10 Million – FTC and Illinois Sue an Auto Dealership

Photo of Linda A. GoldsteinPhoto of Daniel KaufmanBy Linda A. Goldstein and Daniel Kaufman on Posted in FTC
Not many people enjoy sitting in a car dealership spending hours evaluating or making a costly purchase, but it’s far more frustrating when the dealership allegedly engages in practices that face the ire of law enforcement. A recent case announced by the Federal Trade Commission (FTC) is important for many reasons. First, it’s a helpful … Continue Reading

FTC Issues Guidance on Use of Consumer Reviews: Brands, Platforms and Comparison Websites Are in the Hot Seat

Photo of Linda A. GoldsteinBy Linda A. Goldstein on Posted in Advertising, FTC
The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In fact, a recent study by Bright Local revealed that over 85 percent of consumers trust online reviews as much as recommendations … Continue Reading

Auld Lang Syne 2021 – Significant Events of the Past Year

Photo of Linda A. GoldsteinPhoto of Daniel KaufmanPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenBy Linda A. Goldstein, Daniel Kaufman, Amy Ralph Mudge and Randal M. Shaheen on Posted in Year in Review
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked four of our partners to each select two interesting developments from the year. … Continue Reading

The Latest FTC Policy Statement Sets Its Sights on Negative Option Marketing

Photo of Linda A. GoldsteinPhoto of Randal M. ShaheenPhoto of Daniel KaufmanBy Linda A. Goldstein, Randal M. Shaheen and Daniel Kaufman on Posted in FTC, ROSCA
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention, particularly when the press release discusses ramping up enforcement on “illegal dark patterns that trick or trap consumers.” That’s … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

Photo of Linda A. GoldsteinPhoto of Amy Ralph MudgePhoto of Randal M. ShaheenPhoto of John P. FerryPhoto of Matthew RenickBy Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on Posted in Advertising, FTC
By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)

Photo of Linda A. GoldsteinPhoto of Matthew RenickBy Linda A. Goldstein and Matthew Renick on Posted in FTC
Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize the FTC to obtain equitable monetary relief such as restitution or disgorgement. This highly anticipated landmark decision reverses decades … Continue Reading

IAB Launches CCPA Benchmark Survey

Photo of Taylor A. BloomPhoto of Linda A. GoldsteinPhoto of BakerHostetlerBy Taylor A. Bloom, Kyle R. Fath, Linda A. Goldstein and BakerHostetler on Posted in Advertising, California
The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The survey provides an opportunity for companies to anonymously report on their handling of various CCPA matters, including to provide statistics relating to the number of access, deletion, … Continue Reading

When Your ‘Looks’ Are Late: FTC Settles With Online Fashion Retailer Over Alleged Mail Order Rule Violations

Photo of Linda A. GoldsteinPhoto of Matthew RenickBy Linda A. Goldstein and Matthew Renick on Posted in FTC
Online retailers are well aware of how the promise of quick delivery can influence consumer purchasing decisions. Especially in times like these, when delivery times have slowed for many companies, marketers might be even more tempted to promise fast delivery as a way to entice consumers to place an order. A recent enforcement by the … Continue Reading

COVID-19 Update: FTC and States Combat Scams, Price Gouging and Deceptive Ads

Photo of Linda A. GoldsteinPhoto of Matthew RenickBy Linda A. Goldstein and Matthew Renick on Posted in Advertising, FTC
We recently blogged about regulatory warning letters and a consumer class action stemming from consumer-facing advertising related to the coronavirus. Today, we write to provide updates on state and federal efforts to protect consumers and a Federal Trade Commission (FTC) press release sounding the alarm on B2B coronavirus scams. State regulators are confronting many of … Continue Reading
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