Although the FTC has not recently announced any new endorsement disclosure cases, a consumer has taken up the issue by filing a class action lawsuit in California. On April 11, 2025, Ligia Negreanu filed suit against Revolve Group (an apparel brand) along with three influencers,...
AI Regulations in Marketing AI's role in marketing is under increasing scrutiny, with several regulations shaping its use: FTC Guidelines: Emphasize transparency and truthfulness in AI-generated content. GDPR: Enforces strict data protection standards in the EU. CCPA: Similar to GDPR, it mandates transparency in data collection and usage in...
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...
Email is the old kid on the block when it comes to digital marketing. The channel has been around since 1978 when the very first unsolicited email marketing campaign was sent to about 400 recipients promoting a computer system. The campaign was a wild success...
The Federal Trade Commission (FTC) has recently announced significant amendments to the Telemarketing Sales Rule (TSR), which came into effect in March 2024. These updates reflect the FTC’s ongoing efforts to combat fraudulent and abusive telemarketing practices while providing stronger protections for consumers and adapting...
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...
President Biden is beginning to give some visibility into the changes he intends to make to the departments that enforce the laws that most closely impact performance marketing. His approach is first becoming clear at the two agencies most closely tied to performance marketing: the...
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...
A U.S. Court of Appeals affirmed a lower court decision holding an affiliate network (CPA network) liable for theiraffiliates' false advertising. ...
FTC Settles with Lord & Taylor re: Blogging Disclosure The FTC had charged the Lord & Taylor paid bloggers to promote a specific line of clothing, the 2015 Design Lab Collection. Additionally, Lord & Taylor gave 50 dresses to select bloggers and paid promotional post fees...
On October 30, 2015 - The FTC held a workshop titled "Follow the Lead" which discussed lead generation and the assorted privacy and consumer concerns that go along with it. ...
New FAQ from the FTC regarding disclosure requirements for performance based marketing. ...