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 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
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
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
“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
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
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
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
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 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 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 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
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
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