The PMA recently held a LinkedIn Live webinar entitled “FTC Compliance and Performance Marketing: Understand the Rules and Your Responsibilities.” Our special guest, Michael Ostheimer, is a senior consumer protection attorney in the Federal Trade Commission's Division of Advertising Practices. The webinar is now available for replay...
As part of our continuing series of monthly affiliate marketing webinars, we are doing something a little different this time. Normally our webinars feature only PMA members. This time, we are going straight to the source of the rulemaking: the Federal Trade Commission (FTC). The...
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting fake consumer reviews and testimonials by prohibiting their sale or purchase (the “Rule” or “Final Rule”). The long-awaited Rule allows the FTC to strengthen enforcement, seek monetary civil penalties against violators and deter AI-generated...
Although it's only performance marketing adjacent, new warning letters sent to two trade associations and 12 influencers give us new insight into the way that the FTC is applying the recentlly updated disclosure standards (Guides Concernging the Use of Endorsements and Testimonials in Advertising). The...
Everyone knows that the FTC Endorsement Guides are a subject near and dear to my heart. As a lawyer-turned-affiliate marketer, they stand at the intersection of my two careers. It turns out, I'm not the only one who loves to study and discuss them--especially when...
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...
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...
In light of the FTC's recent statement, "Regarding the Endorsement Guides Review," the PMA will be compiling member feedback to submit commentary to the FTC on the Endorsement Guidelines. Per their request for public comment (FTC Seeks Public Comment on Its Endorsement Guidelines), we will...
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...
Observations from the FTC's recent Twitter chat on influencer disclosure. ...
