: 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 consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitmen[...]
: 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[...]
: 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[...]
: FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game lfair July 11, 2016 | 11:17AM FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game By Lesley Fair In the popular video game Shadow of Mordor , players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment , truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To help launch Shadow of Mordor , Warner Bros. brought a social media company on board to coordinate a YouTube influencer campaign. One strategy was to hire influential gamers to post videos promoting Shadow of Mordor – videos that ultimately yielded more than 5.5 million YouTube views. In addition to free game access, Warner Bros. paid the influencers cash – ranging from hun[...]
: First INFORM Consumers Act enforcement case filed against online marketplace Temu kkrown September 5, 2025 | 10:00AM First INFORM Consumers Act enforcement case filed against online marketplace Temu Online marketplaces and third party sellers looking for a refresher on the INFORM Consumers Act should look no further than the recent settlement with Whaleco, Inc., which operates the online marketplace Temu. The complaint alleges the company failed to provide online shoppers with required information and tools. This is the first case brought to enforce the INFORM Act. The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. Among other things, the law requires online marketplaces to collect, verify, and disclose certain information about high-volume third party sellers. ( Informing Businesses about the INFORM Consumers Act has more on how the law defines terms, what’s required of online marketplaces, and the substantial penalties the FTC and state law enforcers may se[...]
: CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on " The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides " . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific he or she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change. The Department of Justice of Canada recently provided a series of guidelines on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular they and its other grammatical forms ( them , themselves , and their ) to refer to indefinite pronouns and s[...]
: Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland sgressin September 21, 2020 | 12:03PM Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland By Seena Gressin Natives and fans heartily agree that “Cleveland Rocks!” That’s why the Federal Trade Commission and its Ohio partners are ready to roll with the next installment of Green Lights & Red Flags: FTC Rules of the Road for Business , set to make its online debut on October 29, 2020, from Cleveland. The free business workshop focuses on current topics in truth-in-advertising law, social media marketing, data security, business-to-business fraud, and more. Who should attend the virtual event? Ohio business owners, marketing and advertising professionals, attorneys — anyone who needs to know how established consumer protection principles apply in today’s fast-paced marketplace. The Office of the Ohio Attorney General, Better Business Bureau Serving Greater Cleveland, and the Cuyahoga County Departme[...]
: FTC challenges Online Trading Academy’s money-making claims lfair February 12, 2020 | 4:35PM FTC challenges Online Trading Academy’s money-making claims By Lesley Fair Ads for health products often target Boomer Consumers, but those aren’t the only claims pitched to people looking toward retirement. An FTC action alleges a company called Online Trading Academy has taken in more than $370 million by gearing its deceptive representations to that demographic. In addition, the complaint alleges violations of the Consumer Review Fairness Act. According to the FTC, the California-based operation, related companies, and three individual defendants advertise a “patented strategy” that consumers can apply “to any asset class including stocks, options, futures and currencies” to rake in big money. They claim their “training programs” – with price tags as high as $50,000 – will teach consumers how to “invest like the pros on Wall Street.” ”No matter your experience and goals,” people were told the defendants’ “proven” [...]
: <p>This paper reports on an experiment which connects document design with document theory. Document design is about what documents should do. We use the example of document graphs and of Cosma, a visualization program created during the HyperOtlet research programme, to show how theory can inform design decisions and help conceptualize results. This paper is currently under peer review.</p> <hr/> <section id="document-design-or-information-design" class="level1"> <h1>Document design or information design?</h1> <p><span class="citation" data-cites="findeli2015">Findeli (2015)</span> defines design as diagnostic and prescriptive, an example of “projective” epistemology: designers view the world as a project to realize, rather than an object to know. This definition of design implies that document design is less about what documents <em>are</em> and more about what they <em>should do</em>. This aligns with the evolution of document theory from an ontic view of documents to a functional one, which was pioneered[...]