Can Internet Service Providers and Other Secondary Parties Be Held Liable for Deceptive Online Advertising?

Since many techniques of Internet promotion are similar to traditional marketing communication techniques, federal lawmakers and regulators subject Internet communication to the same statutes and regulations that govern unfair and deceptive practices in traditional communication. The questions of whether, in the case of Internet user-to-user promotion, and in advertising embedded in informational Web sites and search results, the endorser should be required to disclose his connection with the advertiser, and whether the endorser should be required to follow all the requirements set out by the FTC in its guidelines, case law, and consent agreements that govern the prominence, presentation, placement, and proximity of the connection, are examined. In addition, the question of who can and should be held liable for deceptive online advertising is addressed. While every detail and nuance of the liability of secondary parties for deceptive advertising in endorsements and testimonials has yet to emerge, the general picture appears to be taking shape along more or less traditional lines.