Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Advertising

Arent Fox advises on all aspects of advertising and trade regulation law. We counsel businesses on how to avoid and respond to investigations by federal and state government agencies for alleged false advertising, unfair sales, and marketing practices. We litigate false advertising and unfair competition claims between competitors in court and in the industry’s self-regulatory proceedings. Representative clients include: Discovery Channel, Corbis Corporation, Google, Red Hat, Diesel, Benetton, Hasbro, The Limited, PlayStation and Victoria’s Secret.

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FTC Settles with Maker of ‘Brain Training’ Games for Children

What’s the News?

Focus Education, LLC, a leading provider in the growing market for cognitive improvement products, recently settled with the Federal Trade Commission (FTC) over charges that it was misleading consumers through the use of deceptive advertising tactics. Specifically, the FTC took issue with claims that the company’s primary product, the ifocus System, would bring about permanent cognitive improvement in children.

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Privacy Seal Provider Settles with FTC over Misrepresentation Charges

What’s the News?

TRUSTe, Inc., a major provider of privacy certifications for online businesses, recently settled with the Federal Trade Commission (FTC) over charges that it has been engaging in deceptive business practices. The FTC alleged that TRUSTe was misrepresenting the frequency of its recertification reviews of participating businesses, as well as its own corporate status. News of the settlement serves as a reminder to online businesses of the need to ensure compliance with applicable privacy laws and industry best practices.

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California Attorney General Reports Upswing in Data Breaches

What’s the News?

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers. The Report, which notes a dramatic 28 percent increase in data breaches in California in 2013, serves as a reminder to businesses nationwide of the constant threat of increasingly sophisticated cybercriminals — and the need for new and better approaches to safeguarding sensitive information.

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Everyone’s a Winner: FCC Moves to Modernize Broadcast Contest Rule

What’s the News?

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

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FTC’s New Chief Technologist Outlines Regulatory Agenda

What’s the News?

The Federal Trade Commission (FTC) recently named Ashkan Soltani as its newest Chief Technologist. In this role, Soltani will serve as the agency’s top regulator on a variety of issues involving technology and consumer protection. Chief among them are data security and online privacy, which have become major FTC priorities in recent years. Soltani is regarded as an expert in the privacy field and has previously served as an advisor to the FTC, state attorneys general, and major corporations.

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Results of Caffeinated Shapewear? Slim to None

Two Women’s Shapewear Marketers Settle FTC Charges of Deceptive Weight Loss and Slimming Claims


What’s the News?

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BOGO? More Like ‘No Go’

FTC Brings First Case Under Federal Negative Option Law

What’s Making News?

The Federal Trade Commission (FTC) recently brought its first case under the Restore Online Shoppers’ Confidence Act (ROSCA), a 2010 federal law that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.

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Are You Behaving? Targeted Advertising Enforcement Ramping Up

What’s Making News?

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (Accountability Program) recently challenged Best Buy, Yelp, Answers Corp., Buzzfeed Inc., and Go.com over the companies’ failure to provide adequate notice regarding the fact that information was collected from their sites for online behavioral advertising (OBA) purposes. This marks the first cases issued as part of the Accountability Program’s promised Compliance Warning review.

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AT&T Mobility to Pay $105 Million in Mobile Cramming Settlement

Yesterday, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, Federal Communications Commission (FCC) Chairman Tom Wheeler, and two state attorneys general representing all 50 states and the District of Columbia held a press conference to announce a significant enforcement action against AT&T Mobility for unlawfully billing customers for unauthorized third-party charges, also known as “cramming.”

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FTC Springs into Action Against National Advertisers

The Federal Trade Commission (FTC) announced on September 23, 2014 that it recently completed a nationwide advertising review that resulted in warning letters to more than 60 advertisers. The review, termed “Operation Full Disclosure” by the FTC, targeted companies that failed to make proper disclosures in their television and print advertisements. In particular, the FTC sought out ads where important information needed to prevent consumers from being mislead was either contained in the fine print or otherwise hard to locate.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.