In granting a summary judgment motion on June 16, 2023, the Southern District of Florida Bankruptcy Court developed a new framework to determine the ownership rights to a corporate social media account.
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FTC Announces Orders to Address Deceptive Advertising on Social Media and Video Streaming Platforms
On March 16, 2023, the Federal Trade Commission announced it issued orders to eight social media and video streaming platforms seeking Special Reports on how the platforms review and monitor commercial advertising to detect, prevent and reduce deceptive advertisements, including those related to fraudulent healthcare products, financial scams and the sale of fake goods.
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With an Eye on Social Media Platforms and Influencer Marketing, the FTC Seeks Public Comment on Endorsement Guides
On February 12, 2020, the FTC announced its intention to review its Endorsement Guides (formally known as the “Guides Concerning the Use of Endorsements and Testimonials in Advertising”). These guides, first enacted in 1980 and revised in 2009, provide guidance to businesses, influencers and endorsers on how to make sure endorsements or testimonials abide by the requirements of the FTC Act. While advisory in nature, the Commission can take action under the FTC Act if an endorsement or testimonial is inconsistent with the Guides.
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Consumer Protection in Retail: Weekly Roundup
This past week, several consumer actions made headlines that affect the retail industry.
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FTC Issues First Endorsement Case Against Social Media Influencers
On September 7, 2017, the FTC announced its first-ever case against social media influencers. In its complaint, the FTC alleged that two widely followed gamers posted messages endorsing an online gaming service without disclosing that the two jointly owned the company.
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Consumer Protection in Retail: Weekly Roundup
This past week, several consumer actions made headlines that affect the retail industry. Continue reading for our weekly roundup.
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FTC: Social Media Influencers and Brands Must Disclose Ties
On April 19, 2017, the Federal Trade Commission issued warnings to more than 90 brands and “influencers” that their social media posts should more clearly and conspicuously disclose brand connections. The warning letters follow petitions filed by consumer advocacy groups aimed at influencer advertising on Instagram.
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Latest TCCWNA Class Action Could Transform Seller/Consumer Relationship
The tidal wave of New Jersey Truth-in-Consumer Contract, Warranty and Notice Act claims just swept up a novel argument: a class complaint against Facebook, Inc. argues that the popular social media site’s terms of use is subject to TCCWNA because Facebook profits from users’ personal information and intellectual property.
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Broad Social Media Discovery Can Be Proportional
Social media can provide valuable relevant information in suits brought by individuals. Courts are grappling with how social media discovery fits into this new world of proportional discovery. In the recent case of Rhone v. Schneider Nat’l Carriers, Inc., the court settled this question with a unique approach.
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Advertising Tips for the New Year: A Few Lessons from the FTC’s Recent Enforcement Efforts
Most marketers and retailers know that the consumer protection laws require that their advertising claims be substantiated, truthful and not misleading. But the new year is a good time to take stock of advertising campaigns, practices and procedures to make sure they pass muster under the Federal Trade Commission’s (FTC’s) latest guidance. The FTC’s recent