Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or
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Questions and Answers on Advertising Law
Over the past year, several companies have entered into high-profile settlements with the FTC over allegations that their products didn’t work as advertised. For example, Skechers agreed to pay $40 million to settle charges that it made unsubstantiated claims about its toning shoes. Although the terms of those settlements provide valuable insights for all advertisers…
WOMMA Releases New Social Media Marketing Disclosure Guide
This week, the Word of Mouth Marketing Association released an updated version of its Social Media Marketing Disclosure Guide. The Guide is designed to help marketers comply with the FTC’s requirement that individuals clearly disclose any material connection they have to a company whose products or services they review.
WOMMA outlines five key responsibilities…
NAD Determines that Pinterest Promotion Needs Disclosures
The NAD reviewed weight-loss success stories on Nutrisystem’s Pinterest board, and determined that the weight-loss claims featured atypical results. As we’ve posted before, the FTC’s Endorsement Guidelines state that if an endorser’s experience does not reflect what consumers will generally achieve, the ad “should clearly and conspicuously disclose the generally expected performance in the depicted circumstances.&rdquo…
Free Cup of coffee!* FTC Workshop on Advertising and Privacy Disclosures Explores Dot Com Updates
Last week the Federal Trade Commission (FTC) held an information gathering workshop titled “In Short: Advertising and Privacy Disclosures in a Digital World”. The purpose of the workshop was to discuss the need for updated guidance for web and mobile advertisers regarding disclosures and privacy practices. FTC issued the current guidance, known as…
Myspace Settles FTC Charges of Misleading and Deceptive Statements in its Privacy Policy
On May 8, 2012, the Federal Trade Commission (FTC) announced its settlement with social networking service Myspace on charges that it misrepresented its protection of users’ personal information in violation of federal law. Like many of its social media counterparts who were recently the target of FTC enforcement actions, Myspace is charged with espousing strict…
Planning a Social Media Campaign? Consider These Legal Risks
This five-minute video from the Bloomberg BNA Internet Law Resource Center provides an overview of some of the legal issues companies should consider before they engage in social media. Kelley Drye partner Gonzalo E. Mon discusses the FTC’s view of consumer endorsements, how companies can avoid liability for user-generated content, and options for structuring contests.
Appellate Court Vacates Summary Judgment for Google in Copyright Infringement Suit
Last week the Second Circuit Court of Appeals issued an opinion in the ongoing copyright dispute between Viacom and YouTube/Google. In 2006, Viacom filed a $1 billion lawsuit against Google, alleging that tens of thousands of videos submitted by users and displayed on YouTube violated Viacom’s copyrights, and that Google should be liable for the …
Pinterest Updates Terms of Service to Address Confusion
Last week, we posted a link to an article that examines some of the common myths about Pinterest’s Terms of Service. Most of the myths could be filed under the heading of “who owns what.” For example, some people had (incorrectly) opined that Pinterest owns everything that is posted on the site. Pinterest has apparently…
Common Legal Myths and Realities about Pinterest
Although Pinterest launched just two years ago, the site already boasts over 10 million users and a staggering number of page views every day. Both numbers are growing quickly. Companies are paying attention to this rapid growth and — much like the early days of Facebook — many are wondering whether it makes sense to…