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
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
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
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 Amy and Daniel talk about the new FTC Negative Option Rule....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 today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more
We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more
2/12/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automatic Renewals ,
Endorsements ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Franchises ,
Funeral Homes ,
Magnuson-Moss Act ,
Online Reviews ,
Proposed Amendments ,
Rulemaking Process ,
Scams ,
Subscription Services ,
Surveillance
On today’s episode of AD Nauseam, Amy, Daniel and Linda will cover an issue that has been quite a hot topic of late – the marketing of subscription services and negative options.
Questions & Comments: amudge@bakerlaw.com;...more
U.S. Copyright Office Keeps AI Out in the Cold -
Only humans can copyright, Office says -
Daisy, Daisy, Give Me Your Answer True -
The Copyright Office has weighed in with long-anticipated statement of policy...more
4/17/2023
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Consumer Complaint System ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Copyright Terms ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Intellectual Property Protection ,
Machine Learning ,
Mobile Apps ,
Music ,
New Guidance ,
Product Labels ,
Royalties ,
Song Lyrics ,
Subscription Services
Mornings for advertising lawyers usually start slow – coffee in one hand and phone in the other while we glance at emails. Imagine our surprise the other morning when we saw that the Federal Trade Commission (FTC) had issued...more
3/29/2023
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Subscription Services ,
Terms and Conditions ,
Trial Plan
FTC Opens Green Guide Revision for Public Comment -
It’s the first revision in a new, environmentally panicked time -
The Greatest Generation -
The ’90s were an active decade for Federal Trade Commission (FTC)...more
1/4/2023
/ Advertising ,
Copyright ,
Copyright Litigation ,
Failure To Disclose ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Influencers ,
Marketing ,
Pending Legislation ,
Public Comment ,
Social Media ,
Subscription Services ,
TikTok ,
Truth in Advertising
20 Years Later, TTB Agrees to Revisit Alcohol Labeling -
Watchdogs claim a win, but are they being set up for a wait? Again?
Anticipation -
When last we left the doughty heroes of the Center for Science in the...more
12/19/2022
/ Advertising ,
Celebrity Endorsements ,
Class Action ,
Crypto Exchanges ,
Federal Trade Commission (FTC) ,
Influencers ,
NAD ,
Product Labels ,
Right of Publicity ,
Subscription Services ,
Trademark Trial and Appeal Board ,
Wine & Alcohol
IDAC to Ed Tech: Get Your Act Together -
Post-COVID-19 learning app boom puts kids at risk, watchdogs say -
An Embarrassment of Horrors -
As if school-age children didn’t have enough to worry about.
From the...more
9/26/2022
/ Advertising ,
Auto-Renewal ,
Class Action ,
Endorsements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Marketing ,
Online Advertisements ,
Students ,
Subscription Services ,
Technology ,
Testimonial Statements
Will Coppertone Get Burned for Its Labels?
Consumer class action alleges sunscreens are all the same -
It’s Not Much, But It’s Something -
Through the years, Coppertone - the sun protection products brand owned...more
8/3/2022
/ Advertising ,
Brand ,
Class Action ,
Confidential Information ,
Consumer Product Companies ,
Copyright ,
Corporate Branding ,
Do Not Call List ,
False Advertising ,
Logos ,
Marketing ,
Mobile Apps ,
Product Labels ,
Product Packaging ,
Standing ,
Subscription Services ,
TCPA ,
Text Messages ,
Trade Secrets ,
Unfair Competition ,
YouTube