Did you know that just about all federal agencies have rules on advertising? In a recent case, the Department of Transportation (DOT) entered into a $300,000 settlement with a travel agency doing business online. The travel agency advertised false airfares, used bait and switch tactics to sell higher priced airfares, didn’t honor the cancellation policies. […]
As an Ad Law attorney, I remind everyone that all your marketing assets must be legally compliant before using them publicly per the FTC. I always start my legal reviews under the Federal Trade Commission (FTC) laws and regulations. BUT, is that enough? What do you think? Let me know in the comments. DM me […]
The law changes often and websites must keep up with legal changes. Websites must be legally compliant with Advertising, Marketing and Promotions Law, Intellectual Property Law, Privacy Law, and ADA legal online compliance at all times. When was the last time you had your website reviewed for legal compliance? If it has been three months […]
Yes, they are different! Regulations:1. Have the force of law. 2. Regulations are required when legislation becomes law. 3. must go through a process before being finalized and legally applicable. Guidance: 1. Clarification of a particular existing regulation by an agency.2. Does not have the force of law.3. Policy based. When the Circuit Courts are divided, such as […]
ADA = American with Disabilities Act, and it’s about 30 years old, pre-internet. Guidance is always welcome, especially on a hot legal issue such as ADA online compliance. The Circuit Courts have been divided for years. In some Federal Circuits the Court has held that if there is a brick and mortar store, then ADA […]
Green claim v. puffery What is puffery? It is an exaggerated or opinion-based statement. Puffery is not meant to be a defining factor in a consumer’s purchasing decisions. What is a Green Claim? Environmentally friendly claim, such as “reef friendly,” “renewable,” “carbon offset,” etc, In the “reef friendly” case, the supermarket argued that the”reef friendly” claim was […]
Are you ready for Q2? This is your friendly reminder to have your website reviewed for legal compliance at least every quarter. The law changes often and websites must keep up with legal changes. Websites must be legally compliant with Ad Law, Marketing Law, Promotions Law, Intellectual Property Law, Privacy Law, and ADA legal online […]
Is a company liable for its “up to” claim? Well, the federal court says that a reasonable customer would recognize that the use of “up to” should not be taken as a guarantee. The court used the ‘ceiling’ test as a way to explain that the claim of making up to 210 cups was simply […]
Legal issues with using photos Using photos for marketing, especially online, can be tricky! Here are some tips… DON’T download from internet as you could be infringing owner’s copyright. Lots of litigation in this field. READ the platforms Terms and Conditions regarding using photos and/or licensing. Every platform has rules on how to use photos and […]
How to Protect Your Business from Your WEBSITE© By E. Audrey Glover-Dichter As professionals, we have strict rules regarding advertising. For attorneys, such rules depend on the state(s) in which you are licensed. The bottom line, all states require specific language to be used on marketing assets, particularly on websites. Just because you may be […]
