MilConsumer Blog Feed

If the disclosure of information is necessary to prevent an ad from being deceptive, the disclosure has to be clear and conspicuous. That shouldn’t be news to any advertiser and certainly not to the 60+ companies – including 20 of the 100 biggest advertisers in the U.S. – that received warning letters as a part of the FTC’s Operation Full Disclosure. But whether your company heard from us or not, there are lessons to learn from our latest effort...

Fans of Tiny Pets, Tiny Zoo, Tiny Village, Tiny Monsters, and Mermaid Resort will be relieved to know that adorable Sully the Dog and arch-nemesis Duke Spendington haven’t been named in their individual capacities. But the developer of those kid-directed apps – San-Francisco-based TinyCo, Inc. – just settled an FTC lawsuit alleging the company violated the Children’s Online Privacy Protection Act (COPPA) Rule. One interesting allegation: In...

This is a post about the Children’s Online Privacy Protection Act (COPPA) Rule. Some readers already have a finger poised over the DELETE button since their business isn’t child-related. But as the FTC’s settlement with Yelp suggests, that would be a mistake. Yelp is an online service where people can read and create reviews about businesses and connect with others online and at local events. Many users post profiles with photos and detailed...

Companies that sign settlements with the FTC need to know that those documents contain consumer protection provisions enforceable in court. That’s the message of a motion for contempt just filed against Bayer Corporation by the Department of Justice and the U.S. Attorney’s Office for the District of New Jersey, with the assistance of the FTC. The action stems from a massive campaign Bayer runs for Phillips’ Colon Health. Packaging, TV commercials...

The polar bears and penguins sold within kids’ apps offered in the Google Play Store may have been virtual, but the unauthorized charges Moms and Dads got stuck with were all too real. A proposed FTC settlement will refund at least $19 million to parents whose accounts were charged illegally, according to the complaint, and will implement enforceable changes in how Google handles in-app purchases. Of course, the order applies just to Google, but...

With a product name like “Your Baby Can Read!” – exclamation point in the original – it didn’t take long for consumers to figure out what the marketers were promising. The company’s massive ad campaign featured 14-month-olds mastering vocabulary flashcards, two-year-olds reading books, and an array of charts, graphs, and studies purporting to show that Your Baby Can Read! was scientifically proven to work. The FTC filed suit in 2012, citing...

"A-B-C. Always be closing." "As you all know, first prize is a Cadillac El Dorado. Second prize is a set of steak knives. Third prize is you're fired." "These are the new leads. The Glengarry leads. To you, they're gold. But you don't get them. Why? Because they're for closers." Not much compares to the crackling dialogue of a David Mamet play. But one worthy contender is an order by a federal judge in Atlanta entering a compensatory sanction...