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Articles Posted in FTC

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Can You #Hashtag the Liability Away?

Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The latest influencer trend has been marketing “altcoins,” which are cryptocurrencies other than…

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The FTC, Kidfluencers and the Looming Challenge of Child-Proof Disclosures

By now, most people know that advertising on social media requires certain disclosures so as to avoid the ire of the Federal Trade Commission (FTC), which is tasked with protecting consumers from fraudulent, deceptive and unfair business practices. FTC rules concerning advertising on social media track the basic rules of…

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Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as Lord & Taylor and Warner Brothers, this marks the first time the FTC has pursued…

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“Life Is Short. Settle with the FTC” – The Cost of Ashley Madison’s 2015 Data Breach

On December 14, 2016, operators of online extramarital dating and social networking website AshleyMadison.com came to an agreement with the Federal Trade Commission, and several States, to settle FTC and related state charges that the website deceived consumers and failed to protect 36 million users’ account and profile information. As…

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The FTC Offers Businesses Tips on How to Respond to a Data Breach

It seems like managing data breaches has become a part of doing business these days. From the October denial of service attack on Dyn (a company that provides core internet services to companies like Twitter, Spotify and Netflix) to the recent hacks of the Clinton campaign’s emails, data breaches are…

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Warner Bros.’s “Paid to Play” Disclosures Draw FTC Action

Earlier this year, the Federal Trade Commission (FTC) went after Warner Bros. Home Entertainment Inc. for not clearly representing that several digital influencers were paid as part of a marketing campaign for the video game Middle Earth: Shadow of Mordor. (See our prior posts on FTC enforcement of its disclosure…

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FTC Guidance: Update Privacy Disclosures to Keep Pace with Advances in Online Tracking

The Federal Trade Commission recognizes that many people benefit from companies’ online tracking by getting advertising that is more targeted to their preferences. However, as the technologies and techniques used by companies and advertisers to uniquely identify and track individuals’ online behavior advances, the FTC warns that companies’ privacy disclosures…

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The FTC Act and the Importance of Staying Transparent

We’ve written previously on the rise in FTC scrutiny and enforcement regarding the use by companies of paid digital influencers without the proper disclosures. Recently, retailer Lord & Taylor found itself in the FTC’s crosshairs when it employed bloggers and Nylon magazine as part of a very successful campaign to…

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As Reliance on “Digital Influencers” Grows, So Does FTC Enforcement

As we saw in a prior post regarding Kim Kardashian and Instagram, the FDA pays attention to how brand companies use paid celebrities to endorse their products. Likewise, the FTC closely scrutinizes how brand companies use paid or sponsored endorsers. Be it digital influencers or bloggers, brand companies must be…