Tag Archives: Advertising Law

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns. And outside this … Continue Reading

There Is Bad Press: FTC Defendant Sues the Agency Over an Over-the-Top Release

P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being talked about.” Well, some folks most definitely disagree when a whole settlement potentially is tanked over … Continue Reading

TINA Issues Warning Letters to Celeb NFT Endorsers

From Eminem to Snoop Dog, Tony Hawk to Lionel Messi, William Shatner to Brie Larson, music, sports, and Hollywood celebrities have eagerly jumped on the NFT (non-fungible token) bandwagon. Whether launching their own collections, purchasing an expensive profile pic, or simply endorsing new artists, celebrities have embraced blockchain technology and have been extolling the virtues … Continue Reading

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. This rulemaking will … Continue Reading

Not Every Payment Processing Case Is the Same – the Latest FTC Case Provides Some Helpful Reminders

Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable merchants. The latest payment processing case, however, has a bit of a novel twist and focuses instead on alleged deceptions aimed at the merchants that were … Continue Reading
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