The Federal Trade Commission recently released a Staff Report regarding consumer recognition of native and search advertising entitled “Blurred Lines”, summarizing its findings from its self-styled “exploratory research”. Unsurprisingly, the FTC concluded that the use of disclosures consistent with prior FTC guidance increased the likelihood that consumers would recognize online ads as ads.
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Federal Trade Commission
FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries
By Brian Anderson & Snehal Desai on
Posted in Privacy and Data Security
On December 12, 2017, the FTC hosted a workshop to discuss informational injuries that consumers may suffer when their personal information is misused. Discussion topics included the types of informational injuries consumers suffer and business and consumer perspectives about costs, benefits and risks of collecting information.
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A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post
By Ilona M. Wheat & Lisa Martens on
Posted in FTC Endorsement Guidelines, Social Media
In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and influencers, making it clear that it is paying close attention to influencer-based marketing. More recently, the letters have been made publicly available, providing valuable insight into the types of disclosures that the FTC considers unacceptable or inadequate.
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FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking
By Sheppard Mullin on
Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC issued a staff report discussing the application of the FTC Online Behavioral Advertising Principles in the context of “Cross Device Tracking” and suggesting that the DAA Cross-Device Principles, while commendable, could be stronger.
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Using Hashtag #Disclosures in Social Media Advertising
By Ilona M. Wheat & Lisa Martens on
Posted in Social Media
The Federal Trade Commission (“FTC”) has been cracking down on brands for paying Instagram users to endorse their products or to share brand content without disclosing the relationship. Indeed, the recent settlements entered between the FTC and several media and entertainment companies as well as a specialty retailer make it clear that the FTC is paying close attention to endorsements of all kinds – whether by celebrities, sponsors, or paid “influencers.”
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