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© 2009-2015 Dana H. Shultz, Attorney at Law

FTC Endorsement Guides FAQ Updated

Seal of the Federal Trade Commission, this post being about the FAQ for the FTC Endorsement GuidesSeveral years ago, I wrote about the FTC Endorsement Guides. (These are known more formally as the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising.) This post discusses a recent update to the FAQ for the FTC Endorsement Guides.

Scope of the FTC Enforcement Guides

The following excerpts from the Introduction to the FAQ provide a succinct overview of the scope of the FTC Endorsement Guides. (more…)

Fraudulent Email Prohibitions Supplement CAN-SPAM

Cover of the California Business and Professions Code, which has a section about fraudulent emailIn Commercial E-mail and CAN-SPAM: What You Need to Know, I discussed how the federal CAN-SPAM Act makes commercial email more truthful, more transparent and more avoidable. This post addresses how California law concerning fraudulent email supplements CAN-SPAM.

In particular, this post discusses preemption, by which, under certain circumstances, U.S. federal laws can invalidate state laws that address a given subject matter. (more…)

Mobile Apps: Respecting Users’ Rights

Federal Trade Commission seal

From time to time, developers inquire about best practices in marketing their mobile apps and protecting users’ privacy. Last month the Federal Trade Commission expressed its opinion on these issues (Marketing Your Mobile App: Get It Right from the Start).

On the marketing side, the FTC has two guidelines:

  • Tell the truth about what your app can do.
  • Disclose key information clearly and conspicuously (make sure that users actually notice your disclosures and are able to understand them).

(more…)