Which agency is responsible for investigating and enforcement?

ETLW 302, Section 11 | Spring 2020
Professor Kat Castro, Esq.
QUESTIONS –Due no later than May 19th 10:00 am; submit on BlackBoard.
Please answer all three comprehension questions; chose one discussion question to answer, but feel free to
answer both if you are interested!
1. Which agency is responsible for investigating and enforcement?
2. What are the 4 P’s of effective disclosure?
3. What were the 2 central issues in the “Teami” case?
Discussion – Choose one to answer.
4. Business or Consumer?
Arguably no one would agree that businesses should be permitted to engage in false or untruthful advertising;
in fact, the consensus is that businesses should be punished for doing so. However –in the case of a business
advertising with customer testimonials which may be inaccurate or unable to be adequately substantiated –
which party do you think should bear the burden of discovering the truth –the business or the consumer?
Explain why.
5. Who’s Responsible?
In the “Teami” case, Teami had implemented a social media policy which they indicated they either (a) gave
to their paid influencers or (b) included in their contracts. The policy instructed influencers on how to create
compliant “material connection” disclosures, and many of the influencer-contracts required paid influencers
to have Teami approve Teami-related posts in advance. Should both parties have been held responsible for
non-compliant posts or is one party more responsible than the other? Explain your reasoning.

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