On today’s episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They...more
8/14/2025
/ Advertising ,
Consumer Protection Laws ,
COPPA ,
Debt Relief ,
Debt-Relief Industry ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Made in the USA ,
New Legislation ,
Telemedicine ,
Unfair or Deceptive Trade Practices
On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/29/2025
/ Advertising ,
Consumer Protection Act ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Regulatory Requirements ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/10/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Regulatory Oversight ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
In Part 2 of the “Survey Says” series, BakerHostetler partners Amy Mudge, Daniel Kaufman, and special guest Randy Shaheen dive deeper into the design and execution of consumer perception surveys. They explore how to select...more
In May the FTC’s Rule on Deceptive or Unfair Fees (the Rule) went into effect, and the FTC staff published accompanying FAQs for business. We have blogged a lot about the proposed Rule, enforcement in this space and its windy...more
6/9/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Event Tickets ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
New Guidance ,
Pricing ,
Section 5 ,
Ticket Pricing ,
Unfair or Deceptive Trade Practices ,
Vacation Rentals
In this episode of AD Nauseam, Amy Mudge and Daniel Kaufman explore the complexities of advertising “free” offers, emphasizing the importance of transparency and compliance with FTC guidelines. They discuss how the term...more
6/7/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
FTC Guidelines ,
Hidden Fees ,
Misleading Statements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more
In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through...more
In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how...more
A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more
4/16/2025
/ Advertising ,
Class Action ,
Consumer Product Companies ,
Consumer Protection Laws ,
Country of Origin ,
Damages ,
False Advertising ,
False Designation of Origin ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Manufacturers ,
Marketing ,
Product Labels
In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including...more
In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC’s new Junk Fees Rule....more
Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more
The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is...more
8/16/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Consumer Protection Laws ,
Disclaimers ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Regulatory Violations ,
Testimonial Statements
In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more
6/23/2022
/ Advertising ,
Advertising to Minors ,
Brand ,
Consumer Protection Laws ,
Copyright ,
Digital Media ,
E-Commerce ,
Influencers ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Regulatory Requirements ,
Social Networks ,
Targeted Digital Advertising ,
Trademarks
Having recovered from the exceedingly lackluster seventh Federal Trade Commission (FTC) meeting, the two-hour eighth meeting had actual votes and a bit of drama. But be careful what you ask for. ...more