In one form or another, limitation of liability clauses are almost always in digital marketing contracts. They typically attempt to exclude certain risks that a party deems appropriate, and provide that one party’s liability on a campaign may not exceed a stated cap. When negotiating performance marketing agreements, marketers need to understand the legal significance of … [Read more...]
Proposed Legislation to Assist Financial Institutions Servicing Marijuana Industry
The Secure and Fair Enforcement Banking Act of 2019 (“SAFE Banking Act”) recently passed the U.S. House of Representatives. The SAFE Banking Act is designed to protect federally-insured financial institutions that provide services to marijuana-related businesses in states where it has been legalized. Should the bill get through the Senate and ultimately be signed by … [Read more...]
CBD Advertising and FTC Enforcement
Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued warning letters to marketers of CBD products. In March 2019, the FTC and U.S. Food and Drug Administration issued warning letters to companies that allegedly made false and unsubstantiated “disease treatment” claims for CBD products. … [Read more...]
CBD: The FDA and State Attorneys General
Former U.S. Food and Drug Administration Commissioner Scott Gottlieb recent stated that, “the CBD craze is getting out of hand…” Federal law currently permits for the distribution of hemp-derived CBD products that contain 0.3% THC or less to be sold, with certain exceptions. The FDA has indicated that it will be increasing regulations, as well as making recommendation … [Read more...]
FTC Attorneys Announce “Back-to-Basics” Advertising and Data Security Workshop
The Federal Trade Commission has announced that, along with its regional partners, it will conduct a public workshop in Atlanta on Thursday, August 15, 2019, on truth-in-advertising basics and data security compliance. Designed for digital advertisers, the ad tech industry and FTC CID attorneys, Green Lights & Red Flags: FTC Rules of the Road for Business will feature … [Read more...]
TCPA Robocall and State Privacy Legislation Update
The Federal Communications Commission considers the definition of an automatic telephone dialing system (“ATDS”), robocall legislation looms in Congress. The Senate recently passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”). The House of Representatives has now introduced House Bill 3375, proposed legislation that would clarify … [Read more...]
FTC Warns Marketers to Take CIDs and Subpoenas Seriously
The Federal Trade Commission obtains information through subpoenas and civil investigative demands (CIDs) pursuant to its mission to investigate deceptive and unfair trade practices. Such requests are legally enforceable and the FTC recently issued a warning that recipients of subpoenas or CIDs must take their compliance obligations seriously. What is a CID A CID … [Read more...]
FTC Signs Consumer Protection MOU With UK Regulator
The Federal Trade Commission has signed a memorandum of understanding with the United Kingdom’s Competition and Markets Authority (CMA), a non-ministerial department of the U.K. government charged with enforcing competition and consumer protection laws within and outside of the United Kingdom. The MOU is intended to strengthen enforcement cooperation on FTC … [Read more...]
FTC Absorbs Multiple Blows to its Enforcement Authority
The Federal Trade Commission has historically achieved significant and almost unchecked success fending off challenges to the agency’s authority to use the FTC Act to collected money and hold individuals liable. Until now. Remedial Arsenal Under Attack Section 13(b) of the FTC Act authorizes the FTC to seek preliminary injunctive relief where the agency has “reason … [Read more...]
FTC Compliance Lawyer Alert: Debt Relief Document Preparation Services and the Telemarketing Sales Rule
For years, the Federal Trade Commission and the Consumer Financial Protection Bureau have actively investigated and taken action against entities and individuals that engage in deceptive student loan debt relief and mortgage assistance relief operations. Red flags for regulators include, but are not limited to: False claims - including those made via text messages and … [Read more...]
FTC Defense Lawyer Alert: Updated International Consumer Protection Network Website
The Federal Trade Commission and other consumer protection agencies have unveiled an updated website for international consumer protection and enforcement. The International Consumer Protection and Enforcement Network is an organization composed of consumer protection authorities from over 60 countries. ICPEN members seek to protect consumers from fraudulent, deceptive and … [Read more...]