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Exception Tracking Spreadsheet (TicklerTrax™)
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FTC warns advertisers: honest opinions only

Last week, for-profit colleges and universities received warnings from the Federal Trade Commission. Yesterday, the FTC delivered a shot across the bow of advertisers. The Commission sent a warning letter with a Notice of Penalty Offenses Concerning Endorsements and Testimonials to more than 700 companies with the message that they could incur significant civil penalties—up to $43,792 per violation—if they use endorsements in ways that run counter to prior FTC administrative cases.

The Notice sent to the companies outlines a number of practices that the FTC determined to be unfair or deceptive in prior administrative cases. These include, but are not limited to:

  • falsely claiming an endorsement by a third party
  • misrepresenting whether an endorser is an actual, current, or recent user
  • using an endorsement to make deceptive performance claims
  • failing to disclose an unexpected material connection with an endorser
  • misrepresenting that the experience of endorsers represents consumers’ typical or ordinary experience

The Commission's press release included a disclaimer that a company's inclusion on the list of letter recipients does not suggest it has engaged in deceptive or unfair conduct.

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