FTC Responds to Questions on Social Media Endorsements

|In 2009, the Federal Trade Commission put the social media world on edge when it released updated Endorsement Guidelines that made it clear that they were watching social media for deceptive and misleading endorsements. Companies doing social media marketing set about experimenting (some successfully, some not) with various ways to convey the required disclosures in as few […]

FTC Testifies on Geolocation Privacy

Today the FTC released the following press release.  I reproduce it here, verbatim, because it’s a succinct summary and pertains to important and cutting-edge issues of geolocation privacy that we frequently address on this blog. The Federal Trade Commission testified before Congress on the Commission’s efforts to address the privacy concerns raised by the tracking […]

FTC: Social Media Contests Are Endorsements, Require Disclosure

“This pin motivated by my desire to win fabulous prizes.” That’s the sort of disclaimer that participants in social media contests may need to start using under a March 20, 2014 letter ruling from the Federal Trade Commission. As I’ve written and presented about before, the FTC has been very strict in recent years about […]

Conference Speakers Should Follow FTC Guidelines for Sponsored Social Media Posts

I’ve done quite a bit of public speaking over the past few years, including on the rules governing commercial use of social media.  Recently, I was invited to present to a conference of speakers bureau professionals on the rules their speakers should follow when writing in social media about the events at which they speak. […]

FTC Issues Best Practices for Facial Recognition Privacy

On October 22, 2012, the Federal Trade Commission released a report entitled “Facing Facts: Best Practices for Common Uses of Facial Recognition Technologies”.  The FTC has had its eye on this technology for a long time–at least since the workshop it held on the subject in December 2011–aware that it is being implemented by a […]

Legal and Regulatory Warnings for AR/VR Startups

Live-blogging from Augmented World Expo 2017

Yesterday afternoon I had the pleasure of presenting with Captain Joe Rampolla on Legal and Regulatory Updates at AWE 2017. The full video will be posted on AWE’s YouTube channel, but in the meantime, here’s a short summary of our presentation. Our three takeaways were (1) Disruption will be met with resistance; (2) Mo’ money, mo’ […]

Tweet This to Win … a #Nastygram From the NAD

As I’ve blogged about previously, the Federal Trade Commission takes a dim view of contests that encourage consumers to post a message in social media as a means of entering a contest. Its reasoning is that consumers aren’t necessarily endorsing a product or service because the genuinely like it, but rather just as a means to […]

Appeals Court Upholds Federal Trade Commission’s New Role as Privacy Cop

A recent decision by the U.S. Court of Appeals for the Third Circuit—FTC v. Wyndham Worldwide Corporation—may prove to be a watershed moment for the development of federal privacy law. The Federal Trade Commission is an executive agency charged with taking action against “unfair” trade practices. In the absence of a coordinated response at the […]

The Internet of Things That Eavesdrop and Invade Privacy

A recent decision by the U.S. Court of Appeals for the Sixth Circuit shed light on theories plaintiffs will use in privacy litigation against owners of Internet of Things (IoT) connected devices. Already known in the legal blogosphere as “the butt dialing case,” the court’s July 21, 2015 opinion in Huff v. Spaw considered federal […]

Competitor’s Ads Go Too Far? Kick ‘Em into the NAD

What options do you have when your competitor’s advertisements stretch the truth, to your competitive disadvantage? Every business sells something. And they all want to potential customers to notice them–to hear their ads amidst the noisy background of their competitors’ marketing. On top of that, we’ve all come to have certain expectations of advertisements–that they’ll […]