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NOTE: This website is where you can find advertising law information based on archived news briefs from past issues of Advertising Compliance ServiceÔ. Continuously published since 1981, this Newsletter/Reference Service includes:
- The Three-Volume 1,000-Page Reference Set,
- The Newsletter - 24 Issues/year,
- Six Special Reports yearly.
- Bonus FTC Report.
These archived advertising law-related news briefs were published in Advertising Compliance ServiceÔ in July 2004.
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FTC HIGHLY UNLIKELY TO EVALUATE PETITION OVER FOX NEWS SLOGAN
Liberal activist organization MoveOn.org filed a deceptive
advertising complaint with FTC against Fox News Channel over use of
the slogan "Fair and Balanced."
However, FTC Chairman Timothy J. Muris quickly issued a public
statement pointing out the clear First Amendment implications of any
FTC involvement in this area:
"I am not aware of any instance in which the Federal Trade Commission
has investigated the slogan of a news organization. There is no way
to evaluate this petition without evaluating the content of the news
at issue. That is a task the First Amendment leaves to the American
people, not a government agency."
Addressing Fox News' slogan would also open up all of the other
networks' slogans to governmental scrutiny--also clear First
Amendment violations.
(Statement of Federal Trade Commission Chairman Timothy J. Muris on
the Complaint Filed [July 19, 2004] by MoveOn.org, July 19, 2004.)
FTC UNVEILS NEW E-MAIL ADDRESS FOR DECEPTIVE SPAM
FTC gets some 300,000 samples of deceptive spam--forwarded by computer users--each
day, and stores it in a database. FTC and its law enforcement
partners use the database to generate cases against people who use
spam to spread false or misleading information about their products
or services. To better handle the high volume of spam forwarded to
the database, FTC recently opened a new email box: spam@uce.gov. The
old email address (uce@ftc.gov) will be phased out.
FTC's spam database has served as the basis for FTC cases involving
pyramid schemes, money-making chain letters, credit card scams,
credit repair scams, bogus weight-loss plans, fraudulent business
opportunities, and other scams that were promoted via email.
(FTC Release, July 28, 2004.)
BCP DIRECTOR BEALES TO LEAVE BCP
J. Howard Beales, III, Director of the Bureau of Consumer Protection (BCP), will leave FTC on August 6,
2004 to return to academic life as Associate Professor of Strategic
Management and Public Policy at George Washington University. Beales
has been BCP Director since June 2001, when he was appointed by FTC
Chairman Timothy Muris. Lydia B. Parnes, Deputy Director of the
Bureau, will be named Acting Director and will assume Beales' duties
following his departure.
"Howard has been an invaluable member of my senior management team
and a trusted colleague," Muris said. "Under Howard's leadership, the
Bureau of Consumer Protection aggressively attacked fraud and
deception; strengthened consumer protections in critical areas such
as privacy, telemarketing, and identity theft; and implemented
innovative, award-winning consumer education programs. Consumers
everywhere have benefited from Howard's exceptional tenure as Bureau
Director."
Under Beales' leadership of BCP, FTC filed 258 federal district court
cases and obtained orders for nearly $1.3 billion in consumer
redress, including the two largest consumer redress settlements in
the Bureau's history. As part of FTC's reformulated privacy agenda,
Beales was a prime mover in managing the creation and implementation
of the National Do Not Call Registry, which received unprecedented
Congressional and consumer support. He also was instrumental in
leading FTC's systematic attack on spam, with the agency filing more
than 60 cases and developing rules to implement the CAN-SPAM Act. A
long-time student of FTC, Beales also is noted for his innovative and
aggressive use of the Commission's unfairness authority to attack
abusive Internet advertising practices.
Parnes joined FTC in 1981. She was appointed Deputy Director of
the Bureau of Consumer Protection by Chairman Janet Steiger in 1992,
and continued to serve in that capacity under Chairmen Robert
Pitofsky and Muris. A respected consumer protection lawyer, Parnes
has been active in all aspects of BCP's law enforcement and consumer
education programs, most recently managing implementation of the
Hispanic consumer law enforcement initiative and the creation of the
Bureau's Criminal Liaison Unit to facilitate the criminal prosecution
of fraud. Prior to becoming Deputy Director, Parnes served as an
Attorney Advisor to Chairman James C. Miller, III, Assistant Director
of the Division of Policy and Evaluation, and Associate Director of
the Division of Marketing Practices.
(FTC Release, July 16, 2004.)
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