Posts Tagged: Free

There’s No Such Thing as a “Free” Sample: FTC Provides Guidance on Advertising “Free” Samples Combined with Recurring Charges

On Tuesday (September 20, 2016), the FTC and Nutraclick entered into a consent order concerning Nutraclick’s online offer for “free” samples of supplements and beauty products. The FTC alleged that Nutraclick failed to clearly disclose to people who requested the samples that they would be enrolled in a membership program and billed up to $79.99 per month, unless they canceled within an 18-day trial period. While this promotional offer may have netted significant profits, its success was short-lived when at least 70,000 filed complaints prompting the FTC investigation.

The FTC alleged violations of the FTC Act’s prohibition against unfair or deceptive acts or practices (15 U.S.C. §45(a)) and the Restore Online Shoppers’ Confidence Act, which pertains to selling online through a negative option feature, i.e., where a consumer’s silence is interpreted as an acceptance of the offer. 15 U.S.C. §8403.

The Promotion (According to the FTC Complaint): (more…)

Please follow and like us:

10 Things You May Not Have Known About Promotion Marketing

1. Practically every type of promotional activity is regulated in some way:
a. Sweepstakes and contests
b. User generated content on websites and social media;
c. Coupons, gift cards and money-back guarantees;
d. Charitable solicitations;
e. Celebrity endorsements or other testimonials;
f. Marketing to children; and
g. Even trying to give something away for “free”

2. You need official rules for every sweepstakes and contest you conduct. They form a binding contract with the entrants that will help protect you in the event of a dispute.

EXAMPLE: When Kraft mistakenly produced too many winning game pieces for its “Ready to Roll” sweepstakes, they were protected by having a clause in the rules stating they were not liable for printing or production errors. (more…)

Please follow and like us: