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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