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
Companies selling subscriptions have been busy navigating compliance with the Federal Trade Commission’s Negative Option Rule, which is scheduled to go into effect July 14. But when it rains, it pours....more
6/24/2025
/ Automatic Renewals ,
Connecticut ,
Consumer Protection Laws ,
Contract Terms ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Negative Option Rule ,
New Legislation ,
New Regulations ,
State and Local Government ,
Subscription Services
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
As a whirlwind 2024 draws to a close, we here at BakerHostetler are reflecting on the promotions trends we’ve seen this year and what we predict you will see more of in 2025. Below, we pinpoint those trends and share some...more
11/22/2024
/ Best Practices ,
Compliance ,
Contests & Promotions ,
Customer-Loyalty Programs ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Gambling ,
Gaming ,
Incentives ,
Influencers ,
QR Codes ,
Sports Betting ,
Sweepstakes ,
User-Generated Content
It seems it’s not only the Biden administration that believes regulating “junk fees” is popular with voters. Minnesota joins California as states that have passed their own junk fee legislation. And given the number of other...more
The California legislature recently renewed its efforts to regulate automatic renewal programs with proposed amendments to its Automatic Renewal Law (ARL). This development does not follow any lack of attention to this area...more
4/30/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
False Advertising ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Notice Requirements ,
Proposed Amendments ,
ROSCA ,
Subscription Services
Sometimes you hear grumbling that Leap Day shouldn’t mean an extra day of work – but not at the CFPB. The agency celebrated Feb. 29 this year by issuing guidance regarding “steering.”...more
3/6/2024
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Lead Generators ,
New Guidance ,
Price Comparisons ,
Third-Party Service Provider ,
Website Design ,
Websites
In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more
On today’s episode of AD Nauseam, Amy, Daniel, and Jack talk about issues surrounding what are now being called junk fees, including the FTC rulemaking on the subject as well as activity all around the country.
Questions &...more
On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more
8/16/2023
/ Comment Period ,
Compliance ,
Cosmetics ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Personal Care Products ,
Product Packaging ,
Registration Requirement ,
Safety Standards
When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more
It has been a while since we last gathered for one of the monthly public meetings of the Federal Trade Commission (FTC or Commission). Clearly, the monthly nature of the meetings is questionable, but then again, there are...more
5/23/2023
/ Biometric Information ,
Breach Notification Rule ,
Comment Period ,
Consumer Privacy Rights ,
Data Privacy ,
Electronic Protected Health Information (ePHI) ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Notice Requirements ,
NPRM ,
PHI ,
Policy Statement ,
Public Meetings
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
The days are short and the nights are long, but at least we have the monthly public Federal Trade Commission (FTC) meeting to keep us entertained and informed during these cold months. And we had a bit of an unusual agenda...more
The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
A recent Federal Trade Commission (FTC) action demonstrates how the FTC has pivoted toward enforcement actions based on specific acts of Congress and rules in light of the Supreme Court’s ruling in AMG Capital. Congress...more
The Federal Trade Commission (“FTC”) announced on December 17 that it has taken action against six sellers of CBD products. In case you need a refresher, CBD is a substance found in the cannabis plant that is widely touted...more
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court strip the FTC of that authority entirely? ...more
Recognizing the rapid growth and penetration of dietary supplements into all demographics of American consumers, the Food and Drug Administration (FDA) is viewing at least some dietary supplements as belonging to “the Wild...more