By: Linda L. Goodman Remember the Digital Advertising Alliance (“DAA”), a self-regulatory body that develops industry best practices and effective solutions for consumer choice in online behavioral advertising (“OBA”)? I hope you looked at their site because they just announced […]
Federal Trade Commission Goes After “Risk Free” Negative Option Offers and Demands $450,000,000.00 From a Canada Based Advertiser and His Affiliates
By: Linda L. Goodman The U.S. Federal Trade Commission (“FTC”) is suing an internet entrepreneur from Canada over allegations he used deceptive business practices to take more than $450 million from customers since 2007. In a complaint filed in Seattle […]
Ever Heard Of The DAA? No – You Will Now
By: Linda L. Goodman The DAA Self-Regulatory Program for Online Behavioral Advertising was launched in 2010 by the Digital Advertising Alliance (“DAA”), by a group of the largest media and marketing associations operating throughout the United States, and includes, among […]
Alert – “Restore Online Shoppers Confidence Act” – New Bill Introduced will Make the CAN-SPAM Act Seem Like a Minor Inconvenience
By: Linda L. Goodman Senator Rockefeller has introduced a new bill entitled ‘‘Restore Online Shoppers’ Confidence Act.’’ This bill follows a new Commerce Committee Staff Report, the second of two which claimed to demonstrate that some of the largest players […]
So What Is “Clear and Conspicuous” Under the Federal Trade Commission Regulations and Guidelines?
By: Linda L. Goodman Nearly every article I have read recently and every compliance memorandum you receive from an attorney states, “this disclaimer must be clear and conspicuous”. So what does that mean? In the broadest sense, it means whatever […]
Federal Trade Commission Extended the Power Under the Financial Reform Bill – Networks Beware
By: Linda L. Goodman The Financial Regulatory Reform Bill currently slated to be voted on by the Senate shortly would so sweepingly expand the regulatory and enforcement powers of the Federal Trade Commission (“FTC”) over the entire business community that […]
New Privacy Bill Means Affirmative Opt-In Data Collection and Sharing…Privacy Policies are Changing…
By: Linda L. Goodman Federal Trade Commission chairman Jon Liebowitz told cable operators in L.A. last week that the commission is not interested in regulating behavioral advertising so long as the industry is making “progress” toward self-regulation. The Chairman then […]
FTC Publishes Final Guides on Endorsements and Testimonials
By: Linda L. Goodman On October 5, the FTC adopted and published revisions to their Guides covering Endorsements and Testimonials in advertising. You must be in compliance with these guildelines by December 1, 2009. The following is a summary of […]
Overstock and Sears Lessons in Website Disclosures
By: Linda L. Goodman OVERSTOCK LOSES RIGHT TO ENFORCE TERMS AND CONDITIONS Last week, U.S. District Court Judge Sterling Johnson, Jr., ruled that Internet retailer Overstock cannot enforce a mandatory arbitration provision set out in its online terms and conditions. […]
New York Has First Public Action Against Fake Consumer Reviews
By: Linda L. Goodman Last week, the New York Attorney General, Andrew Cuomo, announced a settlement with cosmetic surgery outfit Lifestyle Lift over the publishing of fake consumer reviews on the Internet. The settlement is based upon a business model […]