Category Archives: Direct Response

Congress Codifies ‘Gag Order’ on Consumer Review ‘Gag Clauses’

In an October 2015 post – “FTC Obtains ‘Gag Order’ Against ‘Gag Clauses’” – I wrote about a Federal Trade Commission enforcement action that shut down Roca Labs (RL), a weight-loss supplement company, for deceptive advertising and for sneakily inserting a “gag clause” in … Continue reading

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Court Pulls Plug on ‘Electronic DJ’ Telemarketing

Electronic dance music (EDM), featuring disc jockeys who make music simply by pressing buttons on a console to stream together seamless selections of pre-recorded tracks, has revolutionized the art of making music. Its acceptance and place in the pantheon of … Continue reading

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FTC v. DIRECTV: NEGATIVE OPTIONS, INFO-HOVERS, ICONS AND MORE

In 2010, DIRECTV settled a 49-state enforcement action over its advertising practices, including free trial “negative option” offers (so-called because they lead to recurring charges unless the customer cancels), the terms of which were alleged to be inadequately disclosed. While … Continue reading

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