FTC & Government Regulation Compliance
We understand your objective as an internet marketer: to convert website visitors into paying customers. However, the decisions you make to improve conversion rate—such as exaggerating product benefits, using trials or recurring billing, and incentivizing positive consumer reviews—may render your advertising non-compliant with the FTC Act and state laws protecting consumers. The stakes are high, because violating FTC guidelines risks a potentially crushing enforcement action by the FTC. Kronenberger Rosenfeld advises companies how to run successful marketing campaigns while not running afoul of the FTC. Our advice is based on years of experience advising companies about advertising laws and defending companies against FTC investigations and FTC lawsuits.
View our webinar
A Guide to Complying with FTC Rules for Paid Promotions on Social Media
Top FTC defense attorneys to advise on internet-related regulation compliance.
A lawsuit by a government regulator, such as the FTC or a state Attorney General, can be devastating to a business. For this reason, we recommend the implementation of thorough preventative measures to avoid receiving government regulator attention in the first place.
Our years of experience fighting the FTC in court puts us in a favorable position when it comes to providing ongoing compliance advice to clients so they can stay out of court in the future.
Many of the FTC’s enforcement actions relate to “unfair” or “deceptive” advertising, and to the violation of privacy rights, which are areas where we can help build an FTC-compliant marketing program, eliminating problems before they even arise. Some of our work in creating compliance programs for clients has included:
- Reviewing sales pages and so-called “sales funnels” to comply with the FTC regulations;
- Reviewing overall business models for legal compliance and recommending shifts in business strategy to minimize legal risks;
- Reviewing marketing copy and business models involving the dissemination of consumer records for compliance with the Fair Credit Reporting Act (FCRA);
- Reviewing email marketing campaigns for compliance with the federal CAN-SPAM Act;
- Reviewing SMS marketing campaigns for compliance with the TCPA and the FTC Act;
- Reviewing business practices for compliance with privacy laws and regulations, including COPPA and mobile privacy regulations;
- Reviewing marketing materials for those selling nutraceuticals, due to overlapping FTC/FDA jurisdiction;
- Advising on complying with the FTC endorsement guidelines regarding testimonials and other web or social media content that may be deemed an endorsement; and
- Reviewing social media campaigns for compliance with FTC regulations.
For more than a decade, our firm has dealt with a wide variety of government compliance issues for many types of internet business activity. Clients seek advice from us due to our experience in limiting risk to the lowest possible level while maintaining their profitability. The FTC defense lawyers at Kronenberger Rosenfeld have also published The Essential Guide to FTC Compliance, Investigations, and Enforcement, which is a helpful resource for both companies and attorneys.