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
The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more
1/3/2024
/ Biometric Information ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Facial Recognition Technology ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Parental Consent ,
Proposed Amendments ,
Rite Aid ,
Rulemaking Process ,
Surveillance
A lot of ink has been spilled on many of the pending Federal Trade Commission (FTC) consumer protection rulemakings – commercial surveillance, subscription services and earnings claims, to name a few. But the rulemaking on...more
The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more
6/29/2023
/ Administrative Monetary Penalties ,
Advertising ,
Corporate Counsel ,
Enforcement Actions ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
FTC Act ,
Imports ,
Labeling ,
Made in the USA ,
Product Labels ,
Unfair or Deceptive Trade Practices
Congress sometimes passes legislation in a quite dramatic manner, with countless hearings, headlines, statements, and discourse. Other times, things happen just a bit more quietly, with language appearing in an omnibus...more
Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more
5/24/2023
/ Advertising ,
Celebrity Endorsements ,
Corporate Counsel ,
Endorsements ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Google ,
Misrepresentation ,
Mobile Devices ,
Settlement ,
Smartphones ,
State Attorneys General
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more
9/20/2022
/ Advertising ,
Corporate Counsel ,
Deceptive Intent ,
European Data Protection Board (EDPB) ,
False Advertising ,
Federal Trade Commission (FTC) ,
First Amendment ,
Internet Marketing ,
Marketing ,
Online Advertisements ,
Privacy Settings ,
Proposed Legislation ,
Website Design
Because I’m someone who is inherently suspicious, my antennae perked up the other Friday when the Federal Trade Commission (FTC) released its annual strategic planning documents. Friday releases in the summer always...more
P.T. Barnum famously said, “There’s no such thing as bad publicity.” Oscar Wilde, however, gave that quote his own spin and said, “There’s only one thing in the world worse than being talked about, and that is not being...more
8/30/2022
/ Corporate Counsel ,
Enforcement Actions ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Impressions ,
Misrepresentation ,
Neither Admit Nor Deny Settlements ,
Personal Protective Equipment ,
Press Releases ,
Product Labels ,
Public Agencies ,
Settlement
Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an...more
A recent Federal Trade Commission (FTC) lawsuit and settlement with Opendoor Labs Inc. (Opendoor) is a must-read even if you are not in the real estate business. But if you don’t want to actually read it, we’ve got you...more
Last year, the Federal Trade Commission (FTC) finalized a new rule (Rule) that would allow the agency to seek civil penalties in matters where a company made a false and unqualified Made in the USA (MUSA) claim on product...more