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Advertising, Marketing & Promotions Alert >> Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children’s Unauthorized In-App Charges - Alert - 04/26/2017

The district court's decision, no longer subject to appeal, is a clear statement that the unauthorized billing of parents for in-app purchases made by their children without informed parental consent violates the FTC Act. This case serves as a reminder that companies need to ensure that they clearly and conspicuously disclose their billing practices and obtain customer’s consent before charging them, especially when the charges are incurred by children.

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Advertising, Marketing & Promotions Alert >> FTC Tells Influencers to Disclose Connections on Social Media - Alert - 04/20/2017

The FTC’s letters to influencers and marketers highlight the importance of ensuring that "material connections" between influencers and marketers are "clearly and conspicuously" disclosed.  Marketers should review their social media marketing policies because failure to comply could result in action against the marketer, as well as any of its influencers who fail to disclose their material connections.  

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Advertising, Marketing & Promotions Alert >> Suit Challenges Jos. A. Bank Clothiers' "Up to" Percent Off Advertising - Alert - 04/19/2017

The class action lawsuit against Jos. A. Bank should serve as a reminder to advertisers to carefully consider state laws when advertising "up to" discounts or price ranges. Furthermore, this shows how class actions are serving in a very real capacity to replace regulatory actions. Many retailers choose to overlook price advertising regulations, or apply their own interpretation, because of fierce competition and lack of enforcement by state authorities. Class actions in the retail category have changed the legal landscape and should give all sellers reason to reexamine statutes (and related practices) that they long thought were dormant.

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Advertising, Marketing & Promotions Alert >> NAD Decision on Challenge to Wegmans' In-Store Point of Sale Displays Offers Guidance on Grocery Store Price Advertising - Alert - 04/05/2017

Although the NAD refused to disrupt precedent allowing grocery stores to update their comparative prices on a weekly basis, it left open the possibility that this standard could change upon evidence that retailers check prices more frequently. Retailers should, in all cases, ensure that they are providing accurate, up-to-date pricing comparisons, and that they are adequately disclosing the nature of those comparisons.

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Advertising, Marketing & Promotions Alert >> New Federal Law Protects Consumer Reviews of Products and Services - Alert - 03/20/2017

Companies that utilize form contracts, including online terms and conditions, to try to prevent consumers from posting negative reviews about its products, services or conduct, should review their contracts immediately to ensure that they are in compliance with the new law and remove any provisions that restrict consumers from sharing their honest reviews or that claim ownership over consumer’s reviews. It is important for companies to review their form contracts, because even if companies do not intend to act on these contractual provisions, they could still be in violation of the CRFA.

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PRWeekPro // Global Influencers - Press Mention - 03/13/2017

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Advertising, Marketing & Promotions Alert >> NAD Action Requiring the Kardashians and Fit Tea to Disclose Their Connections in Social Media Posts - Alert - 02/13/2017

This NAD case should serve as a reminder that influencers and other endorsers must disclose their material connections on Twitter, Instagram and other social media platforms. This is particularly important when the influencers are well-known celebrities as consumers are likely to afford more weight to their endorsements. This case also serves as a reminder that the NAD has authority to bring cases for violations of the FTC Endorsement Guides, which means that, even if the FTC does not bring an action against an advertiser for failing to disclose material connections, the NAD can bring an action on its own.

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Advertising, Marketing & Promotions Alert >> California Alleges Four of the Largest U.S. Retailers Engage in 'False Reference Pricing' - Alert - 01/30/2017

The California actions highlight the importance of ensuring accurate pricing statements are presented in print and online ads. That these suits were filed in California is not particularly surprising, given the state’s history of aggressive protection of consumers, and suggests that, this year, the state may become even more active in challenging what it perceives to be unfair competition and false advertising by retail companies and others, especially at the local level. While retailers may have thought the recent spate of class actions and other regulatory enforcement of price advertising may have been the last word, it appears that this issue is not going away any time soon.

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PRNewsPro // Fit To Be Teed - Press Mention - 01/30/2017

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Advertising, Marketing & Promotions Alert >> Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy - Alert - 01/12/2017

Marketers, producers and their agencies should be aware of the variety of state and federal legal issues presented by marijuana advertising, packaging and sale. And of course, any substantial policy changes from the incoming Trump administration could have a dramatic impact on the nascent industry. While seeking to capitalize on a new market opportunity, parsing through these issues on a campaign-by-campaign basis will be critical to minimizing risk in an evolving environment.

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Advertising, Marketing & Promotions Alert >> Staples Settles Consumer Class Action Over Deceptive Rewards Program Practices - Alert - 01/05/2017

This action and settlement serve as a good reminder to companies and retailers to establish robust terms that clearly describe the manner in which members will receive rewards in return for specific actions, and to ensure that all advertising claims and representations align with such terms, so that consumers can make informed purchasing decisions.

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Advertising, Marketing & Promotions Alert >> New York Attorney General Settles With MedRite and Carmel Over Paid Online Consumer Reviews - Alert - 12/12/2016

The New York State Office of the Attorney General has made clear that it will continue prosecuting businesses that incentivize positive reviews without adequate disclosure, and that it will consult the FTC Endorsement Guides in interpreting New York state consumer protection laws. Regardless of how the changing political climate may affect the FTC’s future enforcement priorities, advertisers and brands across industries can expect state attorneys general to continue enforcing both state and federal consumer protection laws as they apply to online reviews.

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Advertising, Marketing & Promotions Alert >> Gambling and Lottery Risks Are Highlighted by New York City Marathon Lawsuit and Settlement - Alert - 12/07/2016

We can expect more litigation in the coming years concerning whether a business practice is or is not illegal gambling or a lottery. Therefore, all companies and organizations should take the lottery and sweepstakes laws into account when structuring the distribution of anything of value based on chance.

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PRNewsPRO // Influencer Ban? Not. - Press Mention - 10/31/2016



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