On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is a watershed ruling in many respects, in other ways, it is a natural extension of current authority in
On March 12, 2013, the Federal Trade Commission (FTC) issued an important update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that:
- The consumer protection laws apply to all advertisers, regardless of the medium used—and including social media, even where there is limited space;
- Disclosures required to avoid deception or to otherwise comply with the law must be presented in a clear and conspicuous manner;
- Advertisers need to understand how their ads—including any disclosures required to avoid deception or to otherwise comply with the law—will actually display in the medium or media in which they appear; and
- If an advertiser cannot make a required disclosure effectively in a particular medium, then it should not run the ad in that medium.
The FTC issued the original Dot Com Disclosures in 2000, and the recent revision provides guidance with respect to technologies that have emerged since then. Although the fundamental rules have not changed, the guidance provides useful information on how the FTC believes advertisers should comply with the law when making claims in various media.
In the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact…
On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5 enforcement powers against unfair or deceptive acts or practices apply in…
In a recent case of first impression, the National Advertising Division of the Council of Better Business Bureaus (“NAD”) – an industry forum for resolving disputes among advertisers – addressed an advertiser’s use of Facebook’s “like” feature in connection with an online promotion. Such promotions – referred to as “like-gated” promotions, typically ask a Facebook…