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Analyzing Advertiser Liability for Blogger Reviews
This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of “peer” opinions to consider. See, “State of the Blogging World” Infographic at Blogging.org. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe? What if the company whose product is the subject of the review had, in fact, exerted such influence over the reviewer that it affected what was written, turning a seemingly personal post into something more akin to advertising?
There's no question that in today's consumer marketplace, digital “word-of-mouth” reviews are a major influence on the purchasing decision. This new reality was expressly recognized by the Federal Trade Commission (FTC) when it released its updated Guides Concerning the Use of Endorsements and Testimonials in 2009 (the Guides), 16 C.F.R. '255. The FTC included examples in Guides that made it clear that the FTC believed its authority to regulate commercial speech extends into a consumer's personal posts when a certain type of quid pro quo relationship between the consumer and advertiser exists. In the opinion of the FTC, when a benefit from the advertiser is exchanged for a positive consumer review, that consumer's post should no longer be considered merely to be her personal opinion, but instead must be seen as an endorsement and an advertising message, and subject to '5 of the FTC Act, 15 U.S.C. '45.
The Guides
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.