Tag Archives: Advertising

UGC Uncertainty Consternation Continues

By Alan L. Friel on Posted in Advertising
Amended 9th Circuit Decision Does Not Clarify the Extent to Which Service Providers Can Manually Screen for Inappropriate User Content In April 2017, the 9th Circuit Court of Appeals startled online service providers that allow users to post content (known as UGC, or user-generated content), by holding that the use of moderators to screen out … Continue Reading

FTC Turns Attention to Social Media Influencers Working for Advertisers

Photo of Stephanie LucasBy Stephanie Lucas and Alan L. Friel on Posted in Advertising
For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material connection (e.g., they are employed, paid or given anything of value, even discounts, samples, coupons and sweepstakes … Continue Reading

Comparing Social Media Intellectual Property Policies: Part 1 – Social Media Infringement

By Shannon McCue on Posted in Advertising
Social media is an unchecked wild fire that burns throughout society. Whether the motivation is pure entertainment, the ability to connect and interact, or perhaps the promise of fame and fortune, children and adults flock to the various social media outlets and pour content in. This content, whether created by the user or obtained from … Continue Reading

DAA Issues Inaugural Enforcement Action for Compliance with Mobile App Guidelines

By F. Paul Pittman and Alan L. Friel on Posted in Advertising, Privacy
In a prior post we noted the Digital Advertising Alliance’s (DAA) intention, late last year, to begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (Mobile App Guidelines), which apply to all participants in the mobile advertising ecosystem. The DAA recently followed through on this promise by issuing its inaugural enforcement decision … Continue Reading

Five Takeaways from the DAA’s Recent Cases Involving Interest-Based Ads

By David M. Brown and Alan L. Friel on Posted in Advertising, FTC, Native Advertising, Privacy
As we have previously chronicled here and here, the Digital Advertising Alliance (DAA) continues its sweep of interest-based advertising (IBA) through its enforcement vehicle, the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP). Two recent OIBAAP decisions involving web publisher Hollywood Reporter and programmatic advertising agency Varick Media Management provide further guidance on the … Continue Reading

FTC Issues Native Ad Guidance

Photo of Fernando A. Bohorquez, Jr.By Alan L. Friel, Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

FTC Issues Native Ad Guidance

Photo of Fernando A. Bohorquez, Jr.By Alan M. Pate, Fernando A. Bohorquez, Jr. and Alan L. Friel on Posted in Advertising, Native Advertising
We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC truth-in-advertising principles, we have recommended how to avoid deception claims by the FTC or the NAD by providing clear and conspicuous disclosure that advertisements … Continue Reading

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory Principles

By Alan M. Pate on Posted in Advertising, Native Advertising
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The decisions, issued by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP), are the first to address whether native advertising targeted toward consumers’ … Continue Reading

Garçon to FanDuel: Check please!

Photo of Geoffrey NorthBy Geoffrey North on Posted in Uncategorized
What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit against FanDuel Inc., Civil Action No. 8:15-cv-03324, filed October 30, 2015, in the United States District Court for the District of Maryland, will bring … Continue Reading

Garçon to FanDuel: Check please!

Photo of Geoffrey NorthBy Geoffrey North on Posted in Advertising, Class Action
What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit against FanDuel Inc., Civil Action No. 8:15-cv-03324, filed October 30, 2015, in the United States District Court for the District of Maryland, will bring … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Uncategorized
Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues … Continue Reading

Native Advertising, the First Amendment and the FTC

By Maryanne Stanganelli on Posted in Uncategorized
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading

Native Advertising, the First Amendment and the FTC

By Maryanne Stanganelli on Posted in Advertising, First Amendment, FTC, Native Advertising, Social Media
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading
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