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Proposed Changes to FTC Endorsement Guides

On May 19, the FTC released proposed changes to the “Guides Concerning the Use of Endorsement and Testimonials in Advertising”, which are now open to public comment. If enacted they would impact affiliate marketing activities, as these changes pertain in large part to the use...

Rebecca Stern

FTC Asks Congress to Pass Legislation Reviving Section 13(b)

In April 2021, the Federal Trade Commission asked Congress to pass legislation reviving the agency’s authority to return money to consumers harmed by law violations and keep illegal conduct from reoccurring. Testifying on behalf of the Commission, Acting FTC Chairwoman Rebecca Kelly Slaughter told a subcommittee...

Richard Newman

FTC Judicial Enforcement Authority Under Attack

For years, attorneys practicing before the Federal Trade Commission have argued that the FTC routinely exceeds its statutory authority when it initiates federal court enforcement lawsuits.  These arguments are finally gaining traction. First, the U.S. Court of Appeals for the Third Circuit in FTC v. Shire...

Richard Newman

FTC Compliance Update

Compliance affects everyone in the affiliate marketing channel and protects both affiliates and merchants. Failure to disclose material connections can result in the FTC taking action against advertisers, affiliates and agencies....

Tricia Meyer

Recap: FTC Disclosure Workshop

The FTC held a public workshop on September 15 entitled “Putting Disclosures to the Test.” Although I did not attend in person, I did watch via webcast. According to the FTC, both the webcast and accompanying materials will be available soon.The workshop started with basic...

Tricia Meyer

FTC Disclosure Public Workshop

FTC Disclosure Public WorkshopOn September 15, 2016, the Federal Trade Commission will be holding a public workshop to examine the effectiveness of disclosures. Although the workshop will include various types of disclosures including privacy policies and nutritional labeling, the part that will most impact performance...

Tricia Meyer