About a year ago, the SEC issued a warning to celebrities and social influencers who promoted Initial Coin Offerings (ICOs) on social media, noting that such promoters are subject to federal securities laws. Apparently, at least two celebrities weren’t paying attention because they recently settled the SEC’s first cases regarding promoting ICOs without proper disclosures.
What Will Your Social Media Influencer Letter from the FTC Look Like?
Protected: 2016 Advertising and Privacy Law Summit Attendee Follow-up
NY Attorney General Takes Action Against Fake Online Reviews
This morning, New York Attorney General Schneiderman announced that his office had concluded a year-long undercover investigation into the reputation management industry and the practice of posting fake reviews online.
Many search engine optimization (“SEO”) companies offer customers online “reputation management” services. During the investigation, the AG learned that some SEO companies perform these services
Facebook Eases its Guidelines for Promotions
Yesterday, Facebook made it easier for companies to administer sweepstakes, contests, and other promotions on its platform. Previously, Facebook required that all promotions on the platform be administered through apps. Now, promotions may also be administered on Page Timelines. For example, companies can now:
- Collect entries by having users post on the Page or comment/like
Florida AG Announces Settlement Involving Consumer Endorsements
Yesterday, the Florida Attorney General announced that her office had reached a settlement with Lifestyle Lift over the company’s advertising practices. Among other things, the AG alleged that the company used testimonials from consumers who had been compensated by the company, without disclosing the compensation. As part of the settlement, Lifestyle Lift agreed to clearly
New York Times Article Discusses Potential Liability for Celebrity Endorsements
A recent New York Times article discussed the FTC’s scrutiny of companies who engage celebrities to endorse their products in social media. The article serves as a timely reminder that this form of advertising, unless conducted carefully, can result in liability and monetary penalties for the celebrity and the advertiser.
The FTC is concerned that
FTC Closes Investigation Involving a Social Media Promotion
As we’ve posted before, if a company provides incentives to a consumer in order to encourage the consumer to promote the company’s products, the consumer is required to disclose those incentives. It’s not just the consumer’s problem, though. The FTC has stated that a company can be held liable for a consumer’s failure to
FTC Closes an Investigation Involving a Social Media Campaign
As we’ve noted in previous posts, if a company provides incentives to a consumer in order to encourage the consumer to promote the company’s products, the consumer is required to disclose those incentives. It’s not just the consumer’s problem, though. The FTC has stated that a company can be held liable for a consumer’s
Pinterest Establishes Business Accounts and Marketing Guidelines
In March, we posted that Pinterest had made changes to its Terms of Service. This month, Pinterest announced new business accounts that are governed by new Business Terms of Service. Pinterest also established Logos, Trademarks, and Marketing Guidelines. Among other things, these Guidelines provide some do’s and don’ts for growing number of companies