Entries by rfreund

Texas Sues Influencer for Selling Allegedly Misleading Fitness Plans

The Texas Attorney General is suing an influencer who sold online fitness and nutrition plans. The lawsuit says she sold the plans “with the promise of personalized nutritional guidance and individualized fitness coaching.” The price of the plans ranged from $92 for a one-week program, to $300 for a 3-month regimen. But the AG says […]

Lil Yachty Sues NFT Project for Using His Name and Image

A music NFT project called Opulous featured Lil Yachty as “collaborating” on their NFT drops. But he says he never agreed to be part of the project. So, Yachty is suing Opulous, its music distribution partner, and that partner’s founder individually. He’s asserting claims in California federal court for trademark infringement, false endorsement, and violations […]

FTC Cracking Down on Customer Reviews

On the heels of a significant enforcement action against an ecommerce retailer over customer reviews, the FTC released two new guidance documents. You might already know that the FTC has brought lawsuits against brands and marketers for hiding negative reviews, paying for positive reviews, creating fake reviews, failing to disclose incentives, and other deceptive acts. […]

Ana De Armas Fans Sue Universal for Cutting Her From Movie

Ana De Armas appeared in the trailer for the 2019 film Yesterday, but she isn’t in the movie. Fans who claim they only paid to rent the movie through Amazon because of her appearance in the trailer are suing Universal for false advertising. The lawsuit is a proposed class action on behalf of everyone in […]

Be Careful with NFT Giveaways

Unless you’re the government, running lotteries is illegal in the U.S. If you run a sweepstakes or giveaway as part of your NFT project (or anywhere else), you don’t want to risk having your promotion look like a lottery. What’s the difference? In a sweepstakes, entrants can win a prize for free based on chance […]

Sony Music’s Copyright Lawsuit Targets Influencer TikToks

If an influencer creates a TikTok promoting a brand, using music that’s not in TikTok’s commercial library, then that influencer risks committing copyright infringement unless they have a license from the rights owner. And the brand and any ad agency involved in the campaign can be liable for the infringement too. That might seem surprising—it’s […]

What People Get Wrong About Sending Contracts

A lot of people are afraid of contracts. That’s because they are approaching the concept from the wrong perspective. I often hear from people who are worried that a formal contract with scare off someone they’re looking to work with, because forcing someone to sign a document shows you don’t trust them. It’s a mistake […]

Instagram Sues Analytics Service Over Data Scraping

On Monday, Meta sued a company called SocialData, which provides account metrics and other social media analytics data to its users. Specifically, SocialData provided information about Instagram accounts, including username, follower and like count, post count, verification status, and demographic analysis of the account’s audience. Meta alleges SocialData used thousands of automated bot IG accounts […]

Avoid Problems with Money-Back Guarantees

There are rules about offering a “money-back guarantee” that brands and their customers should know. The FTC’s rule is that a seller can use the terms “satisfaction guarantee,” “money back guarantee,” or similar language only if it “refunds the full purchase price of the advertised product at the purchaser’s request.” The rule also requires that […]

New FTC Statement to Marketers about Subscriptions

Black Friday tip: make sure your subscription offers comply with the Restore Online Shoppers’ Confidence Act (ROSCA). The FTC recently issued a statement warning the ecommerce industry that it plans to “ramp up” enforcement related to subscription programs that automatically renew. The statement focused on three issues: consent, disclosure, and cancellation. Consent: The FTC says […]