August 23, 2013
Partner Gonzalo E. Mon was quoted in the Law360 article "5 Tips For Crafting Ads That Pass FTC Muster." The article discusses the guidelines the Federal Trade Commission (FTC) released in March regarding how mobile and online marketers should disclose their advertising practices. Since then, companies have been scrambling to ensure their ads don't fall under scrutiny.
Mr. Mon explained, "Whenever it issues something new, the FTC will let it percolate for a while and then find an instance where a company is not complying and go after it to set a precedent. There's no shortage of companies that have gotten into trouble for burying disclosures in fine print in the past, so I would suspect that some FTC cases involving social media and mobile disclosures are coming in the near future." He advised companies to be more up front with consumers so as to come off as friendly, open and honest, and also said that while it is ideal to comply with FTC standards as much as possible, "it's hard to convince companies to hit the gold standard if no one else does. So having some awareness of what is going on in the industry could be helpful and make them less of a target."