BBB National Programs Blog

Though much of this year may have felt uncertain, one thing that is certain is the state of 2021 holiday shopping: it is once again primarily online. To help ensure your online holiday shopping experience is safe and efficient, the CARU team has put together some tips and red flags to consider when making your all-important gift selections.

Last month, at the IAPP’s Privacy. Security. Risk. 2021 conference, an important moment occurred that may have been easy to miss. During a panel discussion titled “The Evolution of International Privacy Policymaking in the U.S. Government," discussing data flow issues around the world, the DOC International Trade Administration's Christopher Hoff, Deputy Assistant Secretary for Services, dropped the clearest signals about the future of ITA’s work.

Today's generation of digital natives might be more comfortable navigating gaming and content platforms, but they face the same cognitive limitations — and vulnerabilities — that children always have. The gap between a child’s needs online and the safeguards in place to protect them in digital spaces has grown to the point where big players like Google and Facebook are making more of an effort to address these gaps.

Arbitration is a form of dispute resolution and is an alternative to litigation (going to court). In some cases, a process called mediation will precede arbitration. In fact, more than 60% of claims that come through AUTO LINE are resolved in mediation. But, if a dispute cannot be resolved in mediation, the claim will proceed to arbitration.

The FTC recently put direct sellers, and other companies offering money-making opportunities, on notice: false promises about earnings potential and other aspects of a company’s business opportunity could subject the company to civil penalties. DSSRC published the Guidance on Earnings Claim for the Direct Selling Industry to reinforce fundamental tenets regarding the dissemination of earnings claims by direct selling companies and their independent salesforce members.

Today, children have increased access to technology as well as increased screen time. As a result, business models have adapted, with apps reliant on ads and in-app purchases for revenue, rather than up-front purchase fees. These new business models require special design considerations outlined in CARU's revised Advertising Guidelines.

The FTC recently sent a Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct around Endorsements and Testimonials. This action demonstrated the FTC’s continued interest in challenging the deceptive or misleading use of endorsements or testimonials.

While representation by an attorney is essential in some corporate, personal, or civil matters, when it comes to lemon laws our experience at BBB AUTO LINE is that an attorney may not need to get involved at all.

In the 2010s, the confluence of social media and digital advertising generated two new issues in advertising law: the use of influencers for marketing and the propriety of native advertising. Both the FTC and NAD provided guidance on these emerging issues during NAD’s fifth decade of work in ad law.

Independent industry self-regulation, when developed and implemented properly, is a powerful tool for enhancing consumer trust in business and protecting consumers. And as we emerge from the reduced trust in government wreaked by the COVID-19 pandemic, it is time for independent industry self-regulation to help solve vexing business problems. In-house counsel can play an important leadership role in those efforts.