By Eli Blumenthal

AT&T's calling its latest 4G LTE network “5G E” isn't just drawing the ire of tech media and fans. It's now drawing fire from Sprint in the form of a lawsuit.

In a lawsuit filed in New York's Southern District, Sprint says it is taking the action as a result of “AT&T’s false advertising and deceptive acts” around 5G E.

Since late last year, AT&T has been touting its upgraded 4G LTE network as 5G E in TV ads, ramping up the running of the spots in 2019.

In a statement provided to USA TODAY, Sprint says that “AT&T is deliberately deceiving consumers into believing that their existing 4G LTE network operates on a coveted and highly anticipated 5G network.”

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Katie Kilkenny

The advertising watchdog that found 51 examples of false advertising on Goop's website last year isn't impressed by the lifestyle website's new “coding system” for flagging which claims are supported by scientific evidence.

Nonprofit organization Truth in Advertising (TINA.org) published a story about the new set of disclaimers on the website of Gwyneth Paltrow's lifestyle brand, pointing out two major issues. “They don’t stick out so most people miss them anyway and, legally speaking, they can’t cure a false claim — the false claim being that, regardless of how Goop wants to project itself to the world, the company does not possess the appropriate scientific evidence to support many of the health claims on its site,” it said.

In its Tuesday letter, TINA.org said it sent a follow-up note to advertising regulators on Friday noting problems with the disclaimers. “In short, Goop continues to deceive consumers and is trying to cover its tracks with disclaimers that are legally and practically ineffective. As such, we strongly urge that action be taken in order to protect consumers from Goop’s ongoing deceptive marketing,” the letter read.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

Despite the explosion in mobile advertising (eMarketer pegs mobile to generate $70 billion in the U.S. this year, up from $47 billion in 2016), mobile advertising, by and large, still sucks. Creative is often jammed into small boxes and ad formats that litter websites, and in some cases, marketers use deceptive design tricks to incentivize people to click.

Dozens of subreddits are dedicated to uncovering such stealthy-yet-spammy tactics. A few weeks ago, a screenshot of a mobile banner ad for Chatmost, a competitor to Craigslist, started spreading on Twitter and Reddit because the creative included a small speck that looked like a piece of dirt, encouraging users to swipe their screen as a way to drive clicks.

By Dani Deahl

Consumer goods company Unilever is threatening to pull all advertising from online platforms that allow “toxic” online content, as reported by Reuters. According to a speech that is expected to be made today by Unilever’s chief marketing officer Keith Weed, the move will encompass platforms that “do not make a positive contribution to society.”Unilever is one of the world’s biggest online advertisers, and for it to pull spending from any platform would be a significant revenue blow. Last year, Unilever spent $9.4 billion on marketing, about a third of which was on digital advertising. “It is critical that our brands remain not only in a safe environment, but a suitable one,” Weed plans to say in his speech. “Fake news, racism, sexism, terrorists spreading messages of hate, toxic content directed at children … it is in the digital media industry’s interest to listen and act on this. Before viewers stop viewing, advertisers stop advertising and publishers stop publishing.”

Read full article and learn more about Deceptive Advertising here.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Mikey Glazer

There’s a new social media beef brewing in Hollywood.

A cross-section of influencers, their reps, and brand middlemen called out the FTC’s compulsory disclosures for their lucrative “sponsored post” line of business as unfair and discriminatory because television shows, music videos, NBA stars and Kardashians get a pass for publishing the same content.

Though billed as a panel featuring actress/social media star Arden Rose, online video vet Larry Shapiro (FullScreen, Big Frame, Ensemble), Ruben Ochoa (Head of the Disruptiv Agency), and digital L.A.’s glue Drew Baldwin (Tubefilter, The Streamy Awards), these stakeholders in the social media industry on stage and allies in the crowd unanimously grilled panelist Thomas Dahdouh, Director of the Federal Trade Commission’s Western Division, who kept his cool under gang cross-examination similar to a witness testifying before Congress.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Hoosier Ag Today

The Center for Consumer Freedom filed a complaint with the Federal Trade Commission regarding the Humane Society of the U.S. The non-profit CCF says the Humane Society is responsible for a deceptive advertising campaign, and they also passed along 77 donor complaints submitted through its website, Help Pet Shelters Dot Com. The Center for Consumer Freedom says HSUS drove traffic to a web page that contained false information back in November.

The web page said only 19 percent of total donations went to fundraising. But, the Form 990 tax return filed in 2016 by HSUS shows that it actually spends 29 percent of its donations on fundraising. The CCF says, if joint cost expenditures that are allocated to management or program spending are factored in, the total fundraising number climbs to 52 percent.

The Center points out that charities have been known to classify at least some of its fundraising as “educational” expenses in order to seem more efficient with donations. The CCF also says that, in spite of its name, the Humane Society of the U.S. is not affiliated with many of the pet shelters across the country. CCF points out that HSUS does not run a single pet shelter, in spite of solicitations suggesting otherwise.

Read full article and learn more about Deceptive Advertising here.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

By Jack Quann

A new bill has been introduced in the Dáil to try and combat fake news online.

Fianna Fáil TD James Lawless has introduced the Online Advertising and Social Media (Transparency) Bill 2017.

It aims to ensure integrity within the online political sphere and tackle the rise of phoney accounts and orchestrated online campaigns on various social media networks.

The bill contains a number of measures aimed at exposing those that engage in “false flag” and deceptive advertising.

The move comes after a recent report examining social media use during the 2016 US presidential election found that 126 million people were shown Facebook adverts which purported to be from local campaign pages – but were in fact created and spread by Russian entities.

Read full article and learn more about Deceptive Advertising here.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

In many cases, consumers are lured by many weeks’ worth of retail ads, marketing special holiday deals and the “best prices” of the holiday shopping season.

Advertisements may not measure up to consumer expectations, so it’s all about reading the fine print.

To avoid frustration and overspending, which can dampen your holiday spirit, be aware of these five lies you might hear from retailers. Depending on the retailer, some of these may be truth, but knowing that they potentially could be misleading you will help you be a smarter holiday shopper.

1. “We have the lowest prices of the season.”

2. “The price is 50% off the ‘original’ price.”

3. “These deals are only while supplies last.”

4. “You can get an extra 10% off when you sign up for a store credit card.”

5. “We have special deals on name-brand items.”

“It’s bad for the economy because people are not shopping as long as they normally would,” he says. “The retailer has used false information in an effort to get you to stop shopping right there and make that transaction based on something that’s a false premise. In the aggregate, that means there is resource misallocation.”

If a big-name store running a national campaign has only a few of the items in stock, consumers might have a deceptive advertising case for the Federal Trade Commission.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

Gwyneth Paltrow’s Goop Just Got Slammed For Deceptive Advertising

By Stephanie M. Lee

By Chip Cooper, Esq

Experienced Internet marketers often operate under the misconception that the CAN-SPAM Act doesn’t apply to most routine business communications.  With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number.

That’s why Internet marketers should avoid 3 blunders that are CAN-SPAM traps for the unwary.

The CAN-SPAM Act

The CAN-SPAM Act of 2003 (CAN-SPAM) promised to provide remedies against annoying and unsolicited bulk email known as “spam”.  Typical of legislation that starts out with limited objectives, CAN SPAM reaches much further than regulating unsolicited, bulk email – and that’s where the blunders come into play.

Before we get to the blunders, let’s review CAN-SPAM’s 5 basic rules as supplemented by amendments enacted in 2008:

• header information (identifiers such as To, From, IP Address): must not be materially false or materially misleading;
• subject line: must not mislead the recipient about a material fact regarding the email’s contents or subject matter;
• return email address: must contain a functioning email address that the recipient can use to request no further messages;
• requests to unsubscribe: if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and
• contents: the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).

In addition to supplementing the 5 basic rules, CAN-SPAM’s 2008 amendments added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.  Under the new “designated sender” rule, multiple contributors to the email may designate as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.

“Commercial” emails are required to comply with all 5 of the basic rules, plus the “designated sender” rule.

“Transactional or relationship message” emails are required to comply only with the header information requirement and the “designated sender” rule.

Blunder 1 – CAN-SPAM Applies Only to Bulk Email, Right?

Not true.

Although much of the publicity surrounding the passage of CAN-SPAM focused on regulation of unsolicited, bulk email, there is no minimum number of emails for CAN-SPAM to apply; CAN-SPAM applies to even a single email.

So, if a single email relates to the business of an individual or entity, it’s a “commercial” email and CAN-SPAM applies, and the email is subject to all 5 of the basic rules, plus the “designated sender” rule.

Blunder 2 – CAN-SPAM Only Applies to Unsolicited Email, Right?

Not true.

The Federal Trade Commission (FTC) made it clear that CAN-SPAM may apply to emails that are solicited.  The FTC stated in regulations issued in 2008 that the FTC would view email newsletters that were subscribed to (or solicited by) a person to fall within the definition of a “transactional or relationship message” if the newsletter consists exclusively of informational content or combines informational and commercial content.

So, even if the email newsletter is solicited by the recipient, CAN-SPAM applies; however, as discussed above, as a “transactional” email, the sender is required to comply only with the header information requirement and the “designated sender” rule.

Blunder 3 – Regular “Business-to Business” Emails are Not Covered by CAN-SPAM, Right?

Not true.

The FTC made it clear in 2008 that emails sent in connection with what most businesses view as “business-to-business” relationship emails may also be regulated as “commercial” emails under CAN-SPAM.  For example, the FTC noted that “business-to-business relationship” emails could include mortgage lenders sending emails to brokers with the latest interest rate information or equipment leasing businesses sending emails to equipment vendors regarding rate sheets.

The FTC expressly rejected a request by business leaders to add a “business-to-business relationship message” category to the “transactional or relationship message” category discussed above.  This means that “business-to-business relationship” emails are subject to all 5 of the basic rules, plus the “designated sender” rule.

So, even though this determination by the FTC regarding “business-to-business relationship” emails flies in the face of reason and common business practices, it’s the law according to the FTC.

Conclusion

With CAN-SPAM, as with many statutes, there are unintended consequences that sometimes lead to surprising results.  Nevertheless, strict compliance with the rules involving the 3 blunders is required in order to avoid liability under CAN-SPAM.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

• Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

• The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

• How to Avoid FTC Claims When Collecting Leads With Optin Forms

• 3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

• And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer:  This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.