Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FTC Closes an Investigation Into a Blogging Promotion

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…

Marketer Ordered to Disclose Low Success Rate of its Customers

Earlier this year, the FTC and the Colorado Attorney General filed a lawsuit against a company that sells a wealth-building program. The company’s infomercials included testimonials from consumers who purportedly made…

FTC Mobile App Enforcement: Mobile App's Acne Treatment Claims Require 2 Clinical Studies

Yesterday, the Federal Trade Commission (“FTC”) approved a final settlement with marketers of the “Acne Pwner” and “AcneApp” mobile applications (“apps”). This is the first FTC settlement targeting health claims by…

Privacy vs. Bankruptcy: Case Lesson on When Customer Data is Not for Sale

On September 21, 2011, FTC Bureau of Consumer Protection Director David Vladeck sent a letter to the court appointed consumer privacy ombudsman in the Borders Group, Inc. (Borders) bankruptcy proceeding advising…

FTC Proposes Changes to Children's Privacy Rule

Late this week, the FTC issued its proposed amendments to the Children’s Online Privacy Protection Rule ("COPPA Rule"). The proposed revisions are intended to maintain privacy protections for children who increasingly…