It has been roughly six months since Andrew Ferguson took over as chairman of the Federal Trade Commission (FTC). Since that time, Mark Meador was confirmed as the third Republican commissioner (joining Commissioner Melissa...more
7/30/2025
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Security ,
Deep Fake ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Online Platforms ,
Personal Information ,
Political Parties ,
Privacy Laws
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
As promised in last week’s blog that covered the Eighth Circuit’s decision to vacate the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule), we are back with some practical insights on and...more
7/15/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Contract Terms ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
New Legislation ,
Regulatory Requirements ,
ROSCA ,
Subscription Services
Yesterday, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule) that was set to go into effect on July 14....more
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
If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as...more
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 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
We love hearing Commissioner Holyoak speak and were particularly heartened when she criticized the Khan FTC’s use of charged headlines in press releases and speeches, including calling targeted advertising “surveillance...more
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
The Federal Trade Commission (FTC) released a statement on May 9 deferring by 60 days its enforcement of certain provisions of the Negative Option Rule (the Rule). The bulk of the Rule’s requirements are now scheduled to go...more
5/13/2025
/ Automatic Renewals ,
Cancellation Rights ,
Compliance Dates ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Negative Option Rule ,
Regulatory Requirements ,
ROSCA ,
Subscription Services ,
Time Extensions
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
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
Our texts exploded on the afternoon of March 18 when we learned that the president had fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya....more
Just prior to the Federal Trade Commission’s (FTC or Commission) publication of its Click-to-Cancel Rule (the Rule) – which we wrote about in depth here – in the Federal Register, several trade associations filed petitions...more
3/19/2025
/ Administrative Procedure Act ,
Congressional Review Act ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Pending Litigation ,
Statutory Authority ,
Subscription Services ,
Trade Associations ,
Unfair or Deceptive Trade Practices
On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads...more
Andrew Ferguson took over as FTC Chairman on Jan. 21. Nearly two months in, and Chairman Ferguson’s FTC is slowly taking shape. Consumer protection complaints have begun to be filed (although of course these matters were in...more
On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more
There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...more
After a very long process, the Federal Trade Commission (FTC or Commission) announced the finalized updates to the Children’s Online Privacy Protection Act (COPPA) Rule. COPPA was last updated nearly 12 years ago, and much...more
2/6/2025
/ Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Targeted Digital Advertising
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 final week of Lina Khan’s role as chair of the Federal Trade Commission....more
“Junk fees” were a popular topic at the Federal Trade Commission (FTC) in 2024 – but now that the dust has settled (at least for now), let’s take a closer look at how the FTC is using its authority to tackle these practices....more
Check your spam filters, as it is quite possible that they may have filtered out some Federal Trade Commission (FTC or the Commission) emails last week because of the literal deluge of emails spewing forth from the agency....more