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Business Blog

Negative options – make them a positive

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There’s no such thing as a free lunch. That’s what consumers who signed up for NutraClick’s “free†samples learned. But what can your business take away from the FTC’s settlement with NutraClick? If...
Business Blog

What happens when the sun sets on a smart product?

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The Internet of Things refers to consumer products that connect to the Internet to send and receive data – everything from fitness devices, wearables, and smart cars to connected smoke detectors...
Business Blog

7 quotes of note from the Amazon decision

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In Amazon’s Appstore, many apps geared toward kids prompted them to use fictitious currency, like a “boatload of doughnuts†or a “can of stars,†as part of game play. But a federal district court...
Business Blog

Suspension and prevention: The story behind suspended judgments

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It’s a phrase you see every now and then in announcements about FTC settlements: “The order includes a $___ judgment, which has been partially suspended based on the defendants’ inability to pay.â€...
Business Blog

2015’s top-pick topics: A 10-tative list

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2015 saw the end of The Late Show with David Letterman, but his Top 10 List legacy lives on. From the home office in Washington, D.C., here is our informal take on ten topics we covered this year in...
Business Blog

Order compliance: A behind-the-scenes look

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If the Commission is to attain the objectives Congress envisioned, it cannot be required to confine its road block to the narrow lane the transgressor has traveled; it must be allowed effectively to...
Business Blog

Mything the point: 6 (OK, maybe 7) myths about endorsements

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If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed...
Business Blog

When buzz goes bad

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It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC...
Business Blog

Candid answers to CAN-SPAM questions

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The classic 40s movie An Email to Three Wives, the R&B hit Take an Email, Maria, and C.S. Lewis’ The Screwtape Emails. The titles would have been different if they had been written recently. Email is...
Business Blog

Running the risk

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The online ads offer consumers a “risk-free trial†of skincare products from companies that claim to be accredited by the Better Business Bureau with an A- rating. How could that possibly be deceptive...
Business Blog

Don’t let crowdfunding be your “doomâ€

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Thinking about crowdfunding to raise money for your latest project? If so, you’ll want to pay attention to the FTC’s first crowdfunding case. The lesson: If you launch a crowdfunding campaign, keep...
Business Blog

Affiliation explication

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If you’re active in affiliate marketing, a summary judgment ruling by a United States District Court offers additional support for the conclusion that “Who, me?†isn’t likely to be a persuasive...
Business Blog

Hide and sneak

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When playing hide and seek as a child, remember those kids who always seemed to find that hidden crawl space or cranny? Whatever happened to them? Let’s hope they didn’t grow up to go into advertising...
Business Blog

When BOGO is a no-go

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If you watch as much TV as we do, you may have been tempted to reach for the phone to order the Snuggie, that blanket with sleeves for couch potatoes; Forever Comfy, the answer to rump-sprung chairs...
Business Blog

Dating advice from the FTC? Not really, but read on.

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How’s this for a profile on a dating site? “Enjoys travel, long walks on the beach, fake potential dates that really are subscription solicitations, and illegal negative option programs, in violation...
Business Blog

Full Disclosure

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If the disclosure of information is necessary to prevent an ad from being deceptive, the disclosure has to be clear and conspicuous. That shouldn’t be news to any advertiser and certainly not to the...