Madison Ave Insights

Tag Archives: Federal Trade Commission

Part 1: FTC Updates Answers to FAQs About Endorsement Guides

Posted in Advertising, Marketing

The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect an increase in enforcement over the upcoming months.

This summer, Allison Fitzpatrick, Advertising, Marketing & Promotions Partner, and I co-authored an alert on the FTC’s updated answers to FAQs about endorsement guides. Given the long-awaited guidance, I wanted to share with you its potential impact. In the next coming weeks, I will be addressing the following affected areas: Social Media, Likes, Pins, and Posts, … Continue Reading

Environmental Marketing Needs To Get Real

Posted in Advertising, Environmental, Marketing

As you know, Davis & Gilbert produced our 2014/2015 Lessons Learned Practical Advice document, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014/2015 Lessons Learned Practical Advice document, click here. This week, I wanted to share with you the section I co-authored with Matt Smith on environmental marketing.

2014 was another active year for environmental marketing claims, as consumers showed an increasing willingness to change their purchasing behavior based on environmental impact, and regulators made good on their promise to ramp up enforcement. Although the Federal Trade Commission (FTC) sent a strong message to marketers that it takes environmental … Continue Reading

2014 – A Banner Year for NAD Challenges

Posted in Advertising, Direct Marketing, Marketing

As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).

Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading

Regulators Continue Their Focus On Disclosures

Posted in Advertising, Marketing, Regulatory

2014 marked a year of significant change in the marketing communications industry.  To help understand these changes, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015.

Over the next few weeks, I will share with you a few pieces I authored on the topics of: FTC – Regulatory and State, Emerging Hardware – Robots, Drones and Connected Devices, and the NAD. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here.

 FTC – Regulatory and State:

The regulatory landscape in 2014 was marked by a continued focus on the importance of clear, … Continue Reading

Privacy & Data: 3 Predictions from FTC Commissioner Julie Brill

Posted in Advertising, Legislation, Privacy, Regulatory

Advertising Week has always been an important week to those in the industry, and last week I sat down with Advertising Week’s Executive Director, Matt Scheckner, to talk about this year’s Advertising Week and how it reflects the changing face of the industry.  When discussing Advertising Week’s mission – Matt named education as one of the most important factors, and that’s certainly “The Way I See It.”

For the third year in a row, Davis & Gilbert was honored to sponsor the 2014 Advertising Week annual privacy/data forum, “Mission Impossible IV: Truth and Privacy.” I hosted this forum in NYC, and had the unique opportunity to talk to those who have their finger on the pulse of … Continue Reading

Disclosures And Privacy Policies Head 2014’s To-Do List

Posted in Advertising, Marketing

The Federal Trade Commission (FTC) made a number of changes to its regulations and guidelines in 2013.  Specifically, the FTC updated its “.com Disclosures” guide to provide advertisers with more specific instructions for complying with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in various forms of new media. Moreover, the updated guide emphasized that disclosures must be clear and conspicuous on all devices and platforms where consumers may encounter advertisements and clarified methods by which advertisers can implement effective disclosures.  The FTC also announced new mobile privacy guidelines designed to improve the disclosures that appear on mobile platforms and that are used by application developers.

On the privacy side, dozens of state and territory attorneys general filed … Continue Reading

“New” Concerns Likely to Top FTC’s Interest This Year

Posted in Advertising, Marketing

There were significant changes in almost every aspect of the law relating to advertising, marketing and promotions in 2013, and Davis & Gilbert published a piece entitled, “2013 Lessons Learned and 2014 Practical Advice.” This piece explains and discuss what happened, and offer suggestions for advertisers and agencies to think about and address in 2014.

Over the next few weeks, I will share with you a few pieces I authored on the topics of: Environmental marketing, National Advertising Division of the Council of Better Business Bureaus rulings, and the Federal Trade Commission’s changes to its regulations and guidelines in.

Environmental marketing made a significant comeback in 2013. After years of diminished standing during the Great Recession, green issues were again … Continue Reading

A Conversation With Verizon’s Jerry Karnick On The FTC’s Updated Dot Com Disclosure Guidelines

Posted in Advertising, Marketing, Mobile, Technology

The Federal Trade Commission (FTC) recently released updated Dot Com Disclosure guidelines to fast forward to the present day and catch up with the technology consumers use more and more frequently – including smartphones, tablets, and social media. I previously gave you an overview of what the updated guidance means and how marketers need to approach the new FTC standards, and you’ve read “The Way I See It” on the updated guidelines.

I wanted to turn to an industry expert to discuss what the new FTC Dot Com Disclosure guidelines mean for advertising on various key platforms and what could be next for mobile and tech.

The Way the Industry Sees It:

I sat down with Jerry Karnick, … Continue Reading

FTC Updates Dot Com Disclosure Guidelines to Catch Up with New Technology

Posted in Advertising, Digital, Mobile

I talk here on Madison Ave Insights all of the time about the importance of mobile and social media for advertisers.  Technology is always changing, and with new technology comes a set of new challenges for industry groups, brands, and regulators.  In light of the rise of smartphones, tablets, and social media, the Federal Trade Commission (FTC) updated its online advertising disclosure guidelines.  Known as the Dot Com Disclosures, the guidance updates the original guidelines which were introduced in 2000, since, as we all know, a lot has changed since the turn of the Millennium.  While the general principles of traditional advertising law apply equally to online and mobile media, the updated guidelines provide specific guidance for making “clear and … Continue Reading

FTC Announces Mobile Privacy Disclosure Guidelines

Posted in Advertising, Marketing, Mobile, Privacy

February 1st was a big day for the Federal Trade Commission (FTC). Not only did the FTC release its report regarding mobile privacy disclosures, it also announced that it had reached a settlement with Path, a social networking app, which agreed to pay $800,000 to settle charges that it deceived users by collecting personal information from their mobile address books without their knowledge and consent, and that it collected personal information from children without their parents’ consent in violation of the Children’s Online Privacy Protection Act (COPPA).

The FTC’s report entitled “Mobile Privacy Disclosures: Building Trust Through Transparency” provides specific recommendations on improving mobile privacy disclosures for mobile platforms, app developers, advertising networks, and other third parties. Most notably, the … Continue Reading

Privacy and the FTC: Inside Perspective from FTC Commissioner Julie Brill

Posted in Digital, Media, Privacy

On Thursday during Advertising Week in New York City, I hosted an event called “Mission Impossible: Truth & Privacy – The Future is Now,” featuring Commissioner Julie Brill of the Federal Trade Commission, along with Frank Abagnale, one of the world’s foremost authorities on fraud and identity theft (you may know him best from the film Catch Me If You Can – he was portrayed by none other than Leonardo DiCaprio), and Jonathan Salem Baskin, Co-Author of Tell The Truth. Privacy is an issue everyone is talking about these days, and I wanted to share with you some of the thoughts and issues discussed during the session at Advertising Week. Click here to view a video of Ron’s conversation with … Continue Reading