Online Advertising and Marketing in the US: Overview

by Practical Law Commercial Transactions (based on the original by Christopher R. Chase and Hannah Taylor, Frankfurt Kurnit Klein & Selz, PC)

A Practice Note that provides an overview of the significant legal issues that businesses face when engaging in online advertising and marketing in the US. This Note examines the complex legal framework, focusing on the Federal Trade Commission's (FTC) authority under Section 5 of the FTC Act to regulate unfair and deceptive advertising, including the role of clear and conspicuous disclosures. It also addresses the patchwork of federal and state data privacy laws that impact the collection and use of consumer data, including the Children's Online Privacy Protection Act (COPPA) and the California Consumer Privacy Act (CCPA). This Note explores various advertising strategies and their unique regulatory challenges, such as online behavioral advertising (OBA), influencer and affiliate marketing, user-generated content (UGC), consumer reviews, and native advertising. In addition, this Note discusses intellectual property risks and other liabilities associated with common website tactics like linking, embedding, and keyword advertising, alongside guidance on industry self-regulation.