As previously discussed here, on September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices, including data dissemination and tracking technologies. The workshop will delve into the effectiveness of disclosures to ensure consumers notice them, comprehend them, are not misled by them and can utilize them in their decision-making.
Discussion topics will take into account factors that influence a disclosure’s efficacy, including those that are made in conjunction with financial products. Principles tested and discussed by regulators (FTC and CFPB) during the workshop, particularly those pertaining to specific industries, should be incorporated into the design and implementation of corporate disclosures across all platforms.
The FTC has expressed hope that the event will generate discussion among industry leaders, academics, and regulators on efforts to improve the evaluation and testing of disclosures.
The workshop comes following the FTC’s lead generation “Follow the Lead” workshop in October 2015. Given today’s regulatory investigation and enforcement environment, the role that disclosures play, how they are structured and the specific content thereof should be afforded considerable attention.
The full agenda for the upcoming workshop can be seen, here.
Please contact an FTC defense lawyer if you are interested in discussing the design and implementation of compliant disclosures, or if you are the subject of an advertising related investigation or enforcement action.
HINCH NEWMAN LLP. ADVERTISING MATERIAL. These materials are provided for informational purposes only and are not to be considered legal advice, nor do they create a lawyer-client relationship. No person should act or rely on any information in this article without seeking the advice of an attorney. Information on previous case results does not guarantee a similar future result.
