Tag Archives: Ad Watchers

The NAD Top 10 — Did you know?

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In this episode of Ad Watchers, hosts Dan and Annie take you behind the scenes of the U.S. system of self-regulation in the advertising industry and discuss some of the myths, the misconceptions, and misunderstandings advertisers have.

This episode presents the Top Ten things the National Advertising Division (NAD) wants to make sure you know about ad law and the NAD process, valuable for new and seasoned practitioners with the goal to make the self-regulatory forum user friendly, fair, and efficient and effective.

For more information about this episode, read the show notes here.

Episode Show Notes: The NAD Top 10 — Did you know?

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On this episode of the Ad Watchers dynamic duo, Annie Ugurlayan and Dan Range decide to address misperceptions and misconceptions about the National Advertising Division (NAD). As the Assistant Director and an attorney of the program, the two tackle the top 10 of the most common misunderstandings that new and not-so-new participants tend to have about NAD and the challenge process.

Annie admits to listeners that their list may not be as exciting as David Letterman’s top 10 list from Sioux City, Iowa; however, Dan ensures that their top 10 will be on par. Dan kicks us off with the number one source of confusion that participants in NAD proceedings often have. That boils down to understanding the scope of NAD’s review.

2:35- To begin, Dan reminds listeners that NAD looks at truth and accuracy. Since advertising is all about messaging, NAD seeks to understand the intent behind an advertiser’s message to the consumer. What is the advertiser conveying to its audience? Then NAD looks to answer whether the message is true or false. With that being the case, Dan advises challengers to identify the specific messages or claims they are challenging, both express and implied.

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Episode Show Notes: Where is the Line Between Ethical Design and Dark Patterns?

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0:00-1:26 This Ad Watchers episode provides insight into “Dark Patterns.” Coined by Harry Brignull in 2010, the term “dark patterns” is used to describe design practices that trick or manipulate users into making choices they would not otherwise have made, and that may cause harm. Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by guest Deputy Director Katherine Armstrong. Katherine is a deputy director of the National Advertising Division (NAD) at BBB National Programs. She manages NAD attorneys and the overall case management and handling of monitoring and competitor-challenged truth-in-advertising cases, supporting long-term operations planning for the 50-year-old program.

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Where is the Line Between Ethical Design and Dark Patterns?

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Think about the times you felt tricked or frustrated by a membership or subscription that had a seamless signup process but was later difficult to cancel. Something that should be simple and transparent can be complicated, intentionally or unintentionally, in ways that impair consumer choice. These are examples of dark patterns. Unfortunately, dark patterns are becoming increasingly common as companies look for ways to boost profits. While some may seem harmless, others can have serious consequences for users. 

Where is the line between ethical, persuasive design and dark patterns? In this episode of Ad Watchers, hosts Eric and Annie are joined by guest Deputy Director of the National Advertising Division, Katherine Armstrong to answer that question. Together, these three explore dark patterns and the FTC’s recent report on the topic, provide some real examples from NAD cases, and deliver commentary on the FTC’s response to the proliferation of these dark patterns. Listen now to understand the most common dark pattern tactics and how you can avoid them while still producing compelling, persuasive advertising.   

For more information about this episode, read the show notes here.  

Episode Show Notes: How is Direct Selling Advertising Different?

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00:00 – This Ad Watchers episode provides insight into BBB National Program’s Direct Selling Self Regulatory Council (DSSRC) and how it works within the direct selling industry. Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by guest Peter Marinello, the Vice President of DSSRC.

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