Tag Archives: Advertising

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

Photo of Daniel KaufmanPhoto of Randal M. ShaheenBy Daniel Kaufman and Randal M. Shaheen on Posted in FTC
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

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

So Many Words – The FTC’s Recent Strategic Planning Reports Do Actually Matter

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. Friday releases in the summer always make me suspicious (what are you trying to bury on this Friday afternoon when I am pondering the weekend?); further, these documents included … Continue Reading

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

Photo of Daniel KaufmanPhoto of Michael IngramBy Daniel Kaufman and Michael Ingram on Posted in FTC
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

The Matrix of Guardrails for the Metaverse Grows (Plus Weekend Movie Viewing Recommendations)

Photo of Amy Ralph MudgePhoto of Michael IngramBy Amy Ralph Mudge and Michael Ingram on Posted in Advertising, Digital Media
We are not quite at the Matrix moment of a red pill/blue pill choice yet, but we are moving closer every day to the possibility of a fully immersive virtual world. And the regulators and watchdogs are already thinking about how we can protect the kids when they venture not outside in the real world … Continue Reading

TINA Issues Warning Letters to Celeb NFT Endorsers

Photo of Lauren BassPhoto of Amy Ralph MudgeBy Lauren Bass and Amy Ralph Mudge on Posted in Advertising
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

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
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

The 13th Public Commission Meeting – an AI Study About Online Scams and, Yes, Another Policy Statement

Photo of Daniel KaufmanPhoto of Amy Ralph MudgeBy Daniel Kaufman and Amy Ralph Mudge on Posted in Advertising
We spend many of our working hours – and far too many of our nonworking hours – talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish the agency would issue yet another policy statement.” With that, we turn … Continue Reading

If an Agency Calls Something Unfair, Does That Magically Make It Unlawful? A Recent Blog Post by the FTC’s Chief Technology Officer

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. In this post, the agency takes the novel position that if consumer data is compromised in a security incident and the company does not provide consumer notice, that could in and … Continue Reading

May 2022 Public Commission Meeting – Meet Commissioner Bedoya, Plus Blasts from the Past, Endorsements and an FTC Legend

Photo of Amy Ralph MudgePhoto of Daniel KaufmanBy Amy Ralph Mudge and Daniel Kaufman on Posted in FTC
In February 2020, the Federal Trade Commission (FTC) announced that it was going to reexamine the Endorsements and Testimonial Guides (Guides) and sought comment on whether and how the Guides should be changed, including addressing issues involving reviews, affiliate links, children’s perceptions and changes in technology. Two very long years later, the FTC has proposed … Continue Reading

What Is a PFAS, and Why Should I Care? Part III – California’s Proposition 65

Photo of Ryan FischbachPhoto of Bethany LukitschPhoto of Matthew ThurlowPhoto of Theodore WeissBy Ryan Fischbach, Bethany Lukitsch, Matthew Thurlow and Theodore Weiss on Posted in Advertising
In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and regulatory enforcement due to their alleged human health risks. As a quick refresher, PFAS includes a class of more than … Continue Reading

A Deeper Dive into the FTC’s Proposed Changes to the Telemarketing Sales Rule and the Continued Interest in Negative Option Programs

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
At last week’s public Federal Trade Commission (FTC) meeting, the commissioners unanimously voted for possible changes to the Telemarketing Sales Rule (TSR). Given the intense interest in FTC rulemaking and the important role the TSR plays in FTC enforcement, we thought this warranted a closer look.  First off, this is a very different rulemaking process … Continue Reading
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