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Administrative Law

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Brooklyn Law School

Journal of Law and Policy

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Federal Trade Commission; FTC; Teami; CSGOLotto; social media; influencer; disclosure; fraud; deception; deceptive practices; Facebook; Instagram; Twitter; YouTube; Endorsement Guides; Section 5(a); Telomerase; reasonable consumer; Machinima; Creaxion; consumer protection; consumer law; Lunada; Lord & Taylor

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Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz Jun 2021

Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz

Journal of Law and Policy

The Federal Trade Commission is an administrative agency that has traditionally been aggressive when deploying its delegated authority. At the core of these actions is the FTC’s interpretive definition of deception as based upon a reasonable consumer standard. Specifically, the commission has regularly used Section 5(a) of the FTC Act, in tandem with its interpretive definition of deception, as a sword in a variety of contexts, including enforcement actions for deceptive advertising, endorsements, and claim substantiation against a range of industries. These include successfully brought actions or consent decrees obtained in enforcement proceedings against powerful economic entities, including Google and …