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 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, 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, 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
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 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
On Jan. 3, the Federal Trade Commission (FTC) announced a settlement with software provider accessiBe. At first, accessiBe seems to be a simple, routine FTC case following the traditional formula: Advertising + False Promises...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
As we anticipate the forthcoming changes at the FTC and what enforcement will look like, one area that is often overlooked is the award of civil penalties in FTC cases....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
On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more
We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more
8/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Chevron Deference ,
COPPA ,
Data Collection ,
Data Selling ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Geolocation ,
Instant Messaging Apps ,
Loper Bright Enterprises v Raimondo ,
Minor Children ,
Minors ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Authority ,
Sensitive Personal Information ,
Statutory Interpretation ,
Surveillance ,
Unfair or Deceptive Trade Practices
Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly.
A recent case from the Federal Trade Commission is an important reminder about the privacy and...more
2/27/2024
/ Advertising ,
Damages ,
Data Collection ,
Data-Sharing ,
Disgorgement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Sensitive Personal Information ,
Software ,
Unfair or Deceptive Trade Practices ,
Web Browsers ,
Web Tracking
On today’s episode of AD Nauseam, Amy, Daniel, and Carolina talk about the latest on COPPA – including the new proposed rule and recent enforcement actions.
Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com,...more
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the FTC’s authority to go after and regulate unfair practices.
Questions & Comments: dkaufman@bakerlaw.com; and amudge@bakerlaw.com
...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
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
Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more
4/14/2023
/ Advertising ,
Civil Monetary Penalty ,
Enforcement ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Marketing ,
Product Labels ,
Unfair or Deceptive Trade Practices ,
Warning Letters
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
You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of...more
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few...more
2/8/2023
/ Advertising ,
Antitrust Violations ,
Data-Sharing ,
Dobbs v. Jackson Women’s Health Organization ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
Mobile Apps ,
Mobile Devices ,
PHI ,
Prior Express Consent ,
Privacy Policy ,
Software ,
Third-Party ,
Unfair or Deceptive Trade Practices ,
Web Tracking