You have seen many advertisements on Tiktok, but there are companies starting to get in legal trouble because of it. Key Takeaways: Check the License before using any creatives, including videos and music. Get the proper license or permission, if necessary. Be careful of vicarious infringement caused by influencer’s infringement of another’s rights. Bang Energy … Read more
If you are setting up a giveaway as a promotion, the business needs to make sure they do not run into any lottery and gambling laws. Generally, general and state gambling and lottery laws prohibit businesses from running lotteries. Lottery Basics Lotteries have three elements: Consideration: The requirement that a person pays money or make … Read more
With all the new e-commerce stores popping-up, pricing has become more competitive. But business should be careful of how they price their discounts. Pricing Tips Former prices, including in strike-through pricing or “compare at” pricing, should be prices that a product was openly and actively offered for sale, for a reasonably substantial, in the recent, … Read more
There are many reasons why companies can have shipping delays. Especially during the pandemic, shipping delays have become more frequent. This article presents information relating to customer recourse for failure to ship products in a timely manner. The Mail Order Rule The FTC can bring an action against companies for failing to comply with the … Read more
Americans with Disabilities Act (ADA) can become an issue for internet businesses as they grow. If a website is not in compliance, they may become a target for plaintiff’s attorneys. Information related ADA compliance issues can be found by clicking here. Repercussions of not having an ADA compliant website may be found by clicking here. … Read more
In recent years, there have been more Federal ADA website compliance lawsuits. If a website is non-compliant, a website owner may be subject to one of these ADA lawsuits. Also see, Is Your Website ADA Compliant? by clicking here. Potential Liabilities of Non-compliance If a website is non ADA complaint, the website owner may be … Read more
The American with Disabilities Act (ADA) was signed into law to protect individuals with disabilities. 42 U.S.C. ยงยง 12101 to 12213. Title III addresses nondiscrimination on the basis of disability by public accommodations. The ADA originally provided the accessibility standards for physical locations. In recent years, the ADA has been applied to websites and mobile … Read more
A business runs an ad that breaks the law. The last thing a business would want is the have the Federal Trade Commission (FTC) to make a claim against the business for the ads. The consequences of these improper ads can disrupt a business. Not only has the business wasted a large amount of money … Read more
Businesses should be careful of the product claims they make. But, where are product claims usually located. General Product Claims Many government agencies regulation certain types of product claims. For example, the Federal Trade Commission (FTC) regulates unfair and deceptive trade practices, the U.S. Food and Drug Administration regulates health claims, and the U.S. Environmental … Read more
Business receive both positive and negative reviews all over the internet. But, can a business force consumers not to post negative product reviews? Federal Trade Commission’s Regulation The Federal Trade Commission (FTC) enforces the Consumer Review Fairness Act (CRFA). Under the CRFA, it is unlawful for a business to offer a form contract containing provisions … Read more