Wednesday, August 11, 2010

Battle of the Brands?

Experian, a subscription-based credit reporting services formerly found at FreeCreditReports.com, selected an actual rock band named "The Victorious Secrets" to replace a fake rock band comprised of actors and front men that appeared in Experian's ads. The actual Detroit based group was selected through a promotional contest.

The New York Times reports that Experian recently dumped its domain nameFreeCreditReports.com following creiticism by personal finance experts that Experian's ubitquitous ad campaign took advantage of consumer confusion between Experian's website that sells a credit report subscription service for $14.95 per month and a website AnnualCreditReport.co that actually provides free credit reports.

As the real band The Victorious Secrets replaces Experian's popular fake band, one wonders if consumers be confused as to affiliation, endorsement or sponsorship of the real band by Victoria's Secrets. My advice? Avoid the color pink and cross-dressing during their Experian debut at the MTV Music Awards.

Tuesday, July 6, 2010

FAQ's Simply FTC Endorsement Guides-- Interns Help

Renegade's Intern did her homework on how the FTC Endorsement "Guides" can apply to ordinary bloggers. Although the Guides provide 35 examples demostrating how the Guides apply to offline and online situations, the Guides do not much guidance as to the FTC's enforcement priorities. Recently the FTC issued a set of "Frequently Asked Questions ("FAQs") for the Guides that pretty clearly state the FTC's concern, namely, whether the audience understands the reviewer’s (whether bloggers, celebritys or advertisers) relationship to the company whose products are being reviewed. Also, advertisers like Ann Taylor that "hire" bloggers are more likely to be the target of an investigation than the blogger herself. Claims that are decptive may also be regulated, see FTC guidance on deceptive ad claims, here.