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|FTC Updates Its Mail Order Rule|
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
October 15, 2014, previously published on October 2014The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).
|Operation Full Disclosure! FTC’s Frontal Assault on Ads|
Michelle Gillette, Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 10, 2014, previously published on October 2, 2014In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned with the prevention of false and misleading claims, but its focus is...
|FTC Sends Warning Letters to Major Advertisers About Inadequate Disclosures|
Thomas P. Jirgal, David G. Mallen; Loeb & Loeb LLP;
October 2, 2014, previously published on September 2014The FTC announced it has sent letters to over 60 major retailers, including 20 of the 100 largest advertisers in the U.S., that failed to make adequate disclosures in their television and print ads.
|Price Advertising Claims Make a Comeback - As Class Actions|
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
September 10, 2014, previously published on September 5, 2014In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...
|The CFPB Alerts Credit Card Issuers That Marketing of Credit Card Promotional APR Offers May Violate Federal Law|
Yesenia Garcia Perez; Foley & Lardner LLP;
September 9, 2014, previously published on September 4, 2014The Consumer Financial Protection Bureau (“CFPB”) recently issued a bulletin alerting credit card companies that they may be at risk of breaking the law as a result of the way they market promotional rates. Specifically, credit card issuers may be at risk of engaging in deceptive and/or...
|FTC Closes Chapter on "Your Baby Can Read"|
Tracy P. Marshall; Keller and Heckman LLP;
September 1, 2014, previously published on August 25, 2014After two years of fighting, Dr. Robert Titzer, Ph.D., creator of the Your Baby Can Read! product, has agreed to settle Federal Trade Commission (FTC) allegations that he misrepresented the product’s effectiveness in teaching children to read.
|Facebook Updates Platform Policy to Prohibit “Like-Gating”|
Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
August 26, 2014, previously published on August 2014Facebook's recently updated Platform Policy for developers states, "Only incentivize a person to log into your app, like your app's Page, enter a promotion on your app's Page, or check-in at a place. Don't incentivize other actions. Effective November 5th, 2014, you may no longer incentivize...
|Don't Take Chances: Emerging Trends in Promotion Marketing Law that Every Sponsor Should Know|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
August 18, 2014, previously published on August 13, 2014 We know that social media and mobile marketing offer creative and cost-effective ways to conduct contests, sweepstakes, and other promotions and spread the word about new products and services. In addition, social media platforms, like Facebook, Instagram, Twitter, and Pinterest, enable companies...
|ITC Institutes Investigation (337-TA-924) Regarding Certain Light Reflectors And Components|
Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
August 14, 2014, previously published on August 8, 2014On August 7, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Light Reflectors And Components, And Packaging, and Related Advertising Thereof (Inv. No. 337-TA-924).
|Pinterest and Copyright Law|
Van Den Heuvel Law Office;
August 14, 2014Pinterest is a new site in the social media craze which focuses on communication through images. Essentially, users pin images they find online and share them with fellow members. These images are stored on Pinterest servers in 500 pixel copy. When users view an image they like, they can click on...