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
On Jan. 14, Lina Khan chaired what was likely the final open commission meeting of her time as chair of the Federal Trade Commission (FTC) and perhaps the final open commission meeting for the foreseeable future....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 are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.”...more
Never say never, but we are fairly confident that the newly announced Junk Fee Rule (Rule) will be the final final rule issued while Chair Khan is at the helm of the Federal Trade Commission (FTC). ...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the Mail Order Rule....more
On today’s episode of AD Nauseam Amy and Daniel talk about the new FTC Negative Option Rule....more
Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...more
On today’s episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025....more
In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more
11/15/2024
/ Antitrust Provisions ,
Antitrust Violations ,
Big Tech ,
Department of Justice (DOJ) ,
Election Results ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Regulatory Agenda ,
Required Forms ,
State Attorneys General ,
Trump Administration
Historically, changes in administrations did not lead to major changes at the Federal Trade Commission (FTC). There were some adjustments around the edges, but the agency mostly operated on a bipartisan basis....more
On today’s episode of Ad Nauseam Amy and Daniel talk about some advertising cases relating to food marketing, including some oldies but goodies....more
We’re back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023.
This episode dives deeper into the recent FTC privacy developments...more
The Federal Trade Commission (FTC) finally released its long-awaited Negative Option Rule (the Final Rule), aka the “Click-to-Cancel Rule,” on October 16. The Final Rule was approved by a partisan vote of 3-2, with the two...more
On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more
10/2/2024
/ Administrative Complaints ,
Artificial Intelligence ,
Business Opportunities ,
Comment Period ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Online Reviews ,
Scams ,
Section 5 ,
Unfair or Deceptive Trade Practices
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
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more
On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...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
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...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
On July 17, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) aimed at curbing the use of artificial intelligence (AI) in robocalls and robotexts. The FCC explains that this...more
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more