Wall St. Journal: “Advertisers and Internet companies have been scrambling to head off regulation they say will hamper growth of online advertising. The pressure is expected to build Tuesday as lawmakers prepare to announce proposed privacy legislation.”
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Wall St. Journal: “Advertisers and Internet companies have been scrambling to head off regulation they say will hamper growth of online advertising. The pressure is expected to build Tuesday as lawmakers prepare to announce proposed privacy legislation.” SocialNetworkingLawBlog: “an employer could be liable for online communications by its employee if the employee touts a product or service offered by his employer, but fails to make clear he works for the company he’s promoting or ‘endorsing.’” The Digital Media Lawyer Blog: “The FTC has been working on Internet privacy policy since at least 1995. It is currently engaged in a series of roundtables focusing on privacy and behavioral advertising. However, the shape of any new regulations is very fuzzy. This may be because the data is conflicting on the [...] Wall St. Journal: “In every poll and town hall meeting, Americans are demanding . . . a stronger Federal Trade Commission. Just kidding. But you’re about to get a more powerful FTC anyway, so look out. Buried in the House financial reform is a provision that would muscle up the FTC and [...] Rebecca Tushnet’s 43(B)log: “Today’s the effective date of the Revised Guides. Emphasizes that the Guides themselves don’t provide for fines, though practices inconsistent with the Guides can result in FTC investigation and possible resulting fines. Big rule: deceptiveness of endorsement/testimonial depends on the facts. An endorsement is anything that consumers are likely [...] Today, December 1, 2009, is the day that the new Federal Trade Commission advertising rules become effective. For more on this topic, go to this area of my blog called “FTC Advertising Rules” where you will find numerous posts on this topic. The FTC’s announcement of the new rule with links to the rule itself [...] Galleycat: An “associate director for advertising practices at the Federal Trade Commission met with attendees of the 2009 Kidlitosphere Conference to discuss the FTC’s new guidelines for commercial endorsement and how they’ll affect book bloggers when they go into effect on December 1. . . . Mary Engle made . . . what [...] Books Blog: “If you get a free book, and don’t disclose this ‘vested interest’ if you blog about it, you are now liable to five-figure fines. Does this make any kind of sense to anybody?” The Digital Media Lawyer Blog: “A dominant theme at this week’s Digital Hollywood conference is the tension between the need to for truly targeted advertising to online audiences and an individual’s right to privacy. The Internet creates the ability for businesses to gather a marketer’s dream world of data about their customers. This [...] DailyKos.com: “The more I read this interview of an FTC staffer by book blogger Edward Champion, the more the stupidity burns.” Wall St. Journal: “There’s a saying that a neoconservative is a liberal who has been mugged by reality. We’ve now learned that bloggers mugged by regulators become economic libertarians. Earlier this month, the Federal Trade Commission issued its “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” last updated in 1980. These [...] Attorney Kevin Hutchinson wrote a scholarly article about the FTC’s new ad rule and posted it on Joel Comm’s website. Those were the days-the days when a marketer could use an actual quote from a real person that has used your product as a marketing endorsement or testimonial to capture the [...] Copywriting guru Michael Fortin: “After reading and re-reading the latest FTC guidelines, I’ve come to some important conclusions that I want to share with you. Particularly as they relate to testimonials. . . . It’s a huge benefit to those who understand copywriting, because they can actually turn around and use the FTC [...] Mike Young, the attorney whose blog is called Internet Law & Business Blog has written several articles on the FTC’s new advertising rules applicable to websites. The articles are: “Testimonials, Federal Trade Commission, and Your Website.” “FTC Fools: Nonlawyers Misinterpret New Advertising Guidelines.” “How to Comply with the New FTC Compensation Disclosure Guidelines” [...] New York Times: “Beginning Dec. 1, bloggers, Twitterers and many others who write online product reviews must disclose the receipt of free merchandise or payment for the items they write about. The guidelines, an update of the F.T.C.’s 1980 guide concerning the use of endorsements and testimonials in advertising . . . .” [...] City-Journal: Overlawyered’s Walter Olson wrote an excellent article on the FTC’s new ad/testimonial rules. “New guidelines on freebies target bloggers but go easy on traditional outlets. If there was any doubt that sweeping regulation—big, shoot-for-the-moon regulation—was back in favor in Washington, it was laid to rest on October 5, when the Federal Trade [...] Slate.com: “If you’re a blogger and you write about goods or services—and what blogger doesn’t write about books, movies, music, theater, restaurants, home theaters, laptops, manicures, clothing, tutoring, bicycles, cars, boats, cameras, strollers, watches, lawn care, pharmaceuticals, gourmet food, maid service, hair care, concerts, banking, shipping, or septic tank service from time to [...] Overlawyered.com has an excellent article on how the FTC’s new ad rules will affect bloggers. Bottom line: the new rule is overly broad in scope, will have a chilling affect and it will be selectively enforced. The article includes quotes from and links to other articles on this subject. |
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