- Prohibiting telemarketers from engaging in a pattern of unsolicited calls that a reasonable consumer would consider coercive or invasive;
- Restricting the hours of the day and night when unsolicited calls may be made; and
- Requiring disclosures of the nature of the call at the start when an unsolicited call is made in an attempt to sell goods or services
6. FTC Endorsement Guidelines
In November, 2014, the FTC filed charges against Deutsch LA—Sony's advertising agency—for urging employees to create awareness and excitement about the Sony PlayStation on Twitter, without instructing them to disclose their connections to the agency or Sony. As social media has become such a predominant factor in online advertising, the FTC has issued guidelines on how branded messaging can be communicated to consumers.
- Bloggers, talent and other consumers must disclose if they are receiving remuneration or are affiliated with the company when endorsing products or services
- Marketers need to monitor vendors' and influencers' social media activities to make certain they are making the necessary disclosures
- Following the appropriate aforementioned substantiation claims applies to social, as well as traditional media, and marketers need to ensure they are able to back up all claims.
Marketing and advertising is the key to a successful business. By being fully cognizant of the many laws and regulations, and applying these best practices, marketers can avoid many of the legal pitfalls that can get them into hot water.