Tag Archives: FTC

FTC Turns Attention to Social Media Influencers Working for Advertisers

By Alan L. Friel and Stephanie Lucas on May 5, 2017 Posted in Advertising

For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material connection (e.g., they are employed, paid or given anything of value, even discounts, samples, coupons and sweepstakes … Continue Reading

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

By Alan L. Friel and Daniel Goldberg on May 11, 2016 Posted in FTC

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for Mobile Advertising (Mobile Guidance) and now the inevitable has happened: the Accountability Program has issued three compliance decisions with mobile app publishers whose apps allegedly failed to comply with … Continue Reading

Five Takeaways from the DAA’s Recent Cases Involving Interest-Based Ads

By Alan L. Friel and David Brown on March 21, 2016 Posted in Advertising, FTC, Native Advertising, Privacy

As we have previously chronicled here and here, the Digital Advertising Alliance (DAA) continues its sweep of interest-based advertising (IBA) through its enforcement vehicle, the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP). Two recent OIBAAP decisions involving web publisher Hollywood Reporter and programmatic advertising agency Varick Media Management provide further guidance on the … Continue Reading

The FTC Weighs In on Big Data

By Judy Selby on January 8, 2016 Posted in Big Data, FTC

The United States Federal Trade Commission (FTC) has issued a new Report on Big Data, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues,” to provide guidance to companies about their Big Data practices. While acknowledging the numerous issues associated with the use of Big Data, the FTC explicitly limited its focus to … Continue Reading

FTC Issues Native Ad Guidance

By Alan L. Friel, Fernando A. Bohorquez, Jr. and Alan M. Pate on December 30, 2015 Posted in Advertising, Native Advertising

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

Native Advertising, the First Amendment and the FTC

By Maryanne Stanganelli on May 6, 2014 Posted in Advertising, First Amendment, FTC, Native Advertising, Social Media

Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading