Disclaimer Danger

The Federal Trade Commission’s (FTC) recent revision of the Dot-com Disclosure guidance document introduced some important changes concerning the prominence and clarity of disclaimers and hyperlinks, and also directed that qualifying information should appear in the text of the ad itself rather than in a disclaimer, at least in some circumstances. This position was reinforced by the […]

Recent Sweepstakes Enforcement Actions Illustrate Legal Pitfalls

Although numerous prior posts have addressed the various perils and pitfalls companies face when promoting sweepstakes and contests, companies still routinely fall victim to them, as illustrated by several recent cases. The Better Business Bureau’s Children’s Advertising Review Unit (“CARU”) recently instructed Discovery Girls Magazine (a publication directed to children age 8 and up), to modify […]

A Brief Guide on Navigating the new TCPA Dialing Rules

The great patriot, inventor, and kite-flying enthusiast Ben Franklin once said, “By failing to prepare, you are preparing to fail.”   This pithy aphorism is particularly apropos in light of the FCC’s draconian set of new TCPA rules scheduled to take effect on October 16th, 2013.  Hopefully, lead generation companies, contact centers, and telemarketers have […]