: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
: Full Disclosure wfg-adm109 September 7, 2010 | 11:56AM Full Disclosure By Lesley Fair The FTC’s first law enforcement action related to the revised Endorsement Guides offers compliance insights for marketers. In a proposed settlement with Reverb Communications, Inc. , the FTC alleged that employees of a public relations agency hired by game developers posed as consumers and posted reviews on Apple’s iTunes store without disclosing that the reviews came from people working on behalf of the developers. According to the FTC, in addition to giving their clients’ game apps high ratings, Reverb employees posted comments like "Amazing new game," "ONE of the BEST," "[Company] hits another home run with [product name]," "Really Cool Game" "GREAT, family-friendly board game app," "One of the best apps just got better" and "[Company] does it again!" They didn’t disclose that the company was hired to promote the games and that it often got a percentage of the sales. The FTC alleged that these facts would have been rele[...]
: FTC’s Lord & Taylor case: In native advertising, clear disclosure is always in style lfair March 15, 2016 | 8:37AM FTC’s Lord & Taylor case: In native advertising, clear disclosure is always in style By Lesley Fair It’s a fetching frock with spaghetti straps, an engineered paisley print, and an asymmetrical hemline. And it’s at the center of a law enforcement action against department store chain Lord & Taylor for its allegedly deceptive use of native advertising – the first case of its kind since the FTC released its Enforcement Policy Statement in December. The lawsuit also challenges Lord & Taylor’s “product bomb” campaign on Instagram as misleading. Lord & Taylor used an extensive social media push to launch Design Lab, its own apparel line aimed at women between 18 and 35. The strategy was interesting: Focus on just one item – that paisley asymmetrical dress. For the native advertising part of the campaign, Lord & Taylor signed a contract to have Nylon, an online fashion magazine, run an article about t[...]
: The Federal Trade Commission finalized an order with General Motors and OnStar settling allegations that they collected, used, and sold consumers’ precise geolocation data and driving behavior data from millions of vehicles without adequately notifying consumers and obtaining their affirmative consent. Under the order finalized by the Commission, General Motors LLC, General Motors Holdings LLC, and OnStar, LLC (collectively GM), which are owned by General Motors Company, are prohibited from sharing certain consumer data with consumer reporting agencies. They also are required to take steps to provide greater transparency and choice to consumers over the collection, use, and disclosure of their connected vehicle data. In a complaint first announced in January 2025, the FTC alleged that GM used a misleading enrollment process to get consumers to sign up for its OnStar connected vehicle service and OnStar Smart Driver feature. The FTC also alleged that GM failed to clearly disclose that it collected consumers’ [...]
: The FTC's Google settlement: What's the buzz? wfg-adm109 April 1, 2011 | 4:28PM The FTC's Google settlement: What's the buzz? By Lesley Fair “Sweet! Check out Buzz.” “Nah, go to my inbox.” That was the intriguing choice facing Gmail users last year when Google launched Google Buzz, its social network. But according to a settlement announced this week by the FTC, the company violated the privacy promises it made to Gmail users and used deceptive tactics in the Buzz rollout. The story starts with Google’s privacy policy. From October 2004 until October 2010, Gmail users were told, "Gmail stores, processes and maintains your messages, contact lists and other data related to your account in order to provide service to you." On the subject of the choices users had about the use of their personal information in all of Google’s products, including Gmail, the privacy policy said, "When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this inform[...]
: i-Dressup and a data security mess-up lfair April 24, 2019 | 3:08PM i-Dressup and a data security mess-up By Lesley Fair Kids love to play dress-up, but parents wouldn’t want them rummaging through the attic or climbing to the top shelf of the wardrobe without permission and proper supervision. The i-Dressup.com website offered users – including children – a virtual way to play dress-up and design clothes without those potential dangers. But according to an FTC complaint, Unixiz, Inc. , the company behind i-Dressup, violated the Children’s Online Privacy Protection Act in ways that created different kinds of risks. COPPA puts two separate sets of protections in place to help keep parents in control of personal information collected from their kids online. First, COPPA-covered companies must clearly disclose their information policies and get parental consent before collecting personal information from children under 13. Second, companies must provide reasonable and appropriate security for the data they coll[...]
: Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce[...]
: Company to pay $22 million for offering "free" credit scores that turned out to be not so free wfg-adm109 November 19, 2014 | 11:12AM Company to pay $22 million for offering "free" credit scores that turned out to be not so free By Lesley Fair We’ve brought law enforcement actions – dozens of ‘em. We’ve held workshops, issued reports, and sent warning letters. If it takes sky writing, tap dancing, and a float in a Thanksgiving Day parade, we’ll do that, too. But here’s what’s not going to happen. The FTC is not giving up until businesses get the message that: 1) Free means free; and 2) Key terms and conditions have to be clearly and conspicuously disclosed. A $22 million settlement announced by the FTC and the AGs of Illinois and Ohio with a national credit monitoring service advertising so-called “free” credit scores emphasizes that point. Another note for practitioners: It's the FTC's third case alleging violations of ROSCA . One Technologies and related outfits marketed their credit monitoring programs, M[...]