With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and...more
7/25/2025
/ Advertising ,
California ,
Continuing Legal Education ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
New York ,
Point of Sale Terminals ,
Price Transparency ,
Pricing ,
Surcharges ,
UDAP ,
Unfair or Deceptive Trade Practices ,
Webinars
On July 14, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Arizona against a group of companies and individuals operating under the “Accelerated Debt” brand, alleging they...more
7/24/2025
/ Advertising ,
Consumer Protection Laws ,
Debt Relief ,
Elder Abuse ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Fraud ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Scams ,
Telemarketing ,
Telemarketing Sales Rule ,
Veterans
This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more
7/18/2025
/ Advertising ,
Consumer Protection Laws ,
EFTA ,
Enforcement Actions ,
Failure To Disclose ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Hidden Fees ,
Medicare ,
Online Reviews ,
Section 5 ,
Settlement ,
Telehealth ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On June 24, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Maryland against Mercury Marketing, LLC, and several affiliated entities and individuals alleging that the...more
7/1/2025
/ Advertising ,
Affiliates ,
Consumer Protection Laws ,
Drug Treatment ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Healthcare Fraud ,
Lead Generators ,
Marketing ,
Scams ,
Substance Abuse ,
Unfair or Deceptive Trade Practices
In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more
6/27/2025
/ Administrative Authority ,
Advertising ,
Advertising Substantiation ,
Chevron Deference ,
False Advertising ,
Federal Trade Commission (FTC) ,
First Amendment ,
FTC Act ,
Loper Bright Enterprises v Raimondo ,
Manufacturers ,
Personal Care Products ,
Section 5 ,
Unfair or Deceptive Trade Practices
In a decision underscoring the complexity and risks of making environmental marketing claims, the National Advertising Division (NAD) issued a decision in a challenge brought by the International Bottled Water Association...more
Federal Trade Commission (FTC) chairman Andrew Ferguson has promised vigorous law enforcement under his leadership. Consistent with that promise, on June 10, 2025, the Commission announced a $1.9 million settlement with...more
6/16/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare Fraud ,
Marketing ,
Opioid ,
Settlement ,
Telemarketing
Last week, the Federal Trade Commission (FTC) published a set of Frequently Asked Questions (FAQ) aimed at helping businesses and consumers understand the agency’s Rule on Unfair or Deceptive Fees, which takes effect on May...more
5/13/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Event Tickets ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hospitality Industry ,
SBREFA ,
Small Business ,
Unfair or Deceptive Trade Practices
Last week, the Federal Trade Commission (FTC) issued a proposed order requiring Workado, a company specializing in artificial intelligence (AI) detection tools, to stop advertising the accuracy of its AI detection tools...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more
4/17/2025
/ Advertising ,
California ,
Class Action ,
Consumer Protection Laws ,
False Advertising ,
FTC Act ,
Made in the USA ,
Manufacturers ,
Regulatory Requirements ,
Section 5 ,
Tariffs
Venable’s Advertising and Marketing Group hosted its 11th Advertising Law Symposium at our offices in Washington, DC on March 20. The symposium brought together both business and legal professionals, including in-house...more
4/9/2025
/ Advertising ,
Artificial Intelligence ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Greenwashing ,
NAD ,
PFAS ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Trump Administration
The Federal Trade Commission, state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers, including automatic renewals, free-to-pay conversions, and continuity programs....more
On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat...more
3/18/2025
/ Advertising ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Dismissals ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Pending Litigation ,
Unfair or Deceptive Trade Practices
Venable's AdLaw Symposium is back!
Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
3/7/2025
/ Advertising ,
Artificial Intelligence ,
Auto-Renewal ,
Best Practices ,
Beverage Manufacturers ,
Chief Compliance Officers ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Food Manufacturers ,
Greenwashing ,
Legal Ethics ,
Marketing ,
NAD ,
Pricing ,
Privacy Laws ,
Risk Mitigation ,
State Regulators ,
Subscription Services
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more
1/10/2025
/ Advertising ,
Consumer Protection Laws ,
Employee Rights ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Section 5 ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the Illinois attorney general announced a settlement with Grubhub Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that...more
12/19/2024
/ Advertising ,
Cancellation Rights ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
GrubHub ,
Hidden Fees ,
Job Ads ,
ROSCA ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more
The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more
11/7/2024
/ Advertising ,
Cease and Desist Orders ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Investment Adviser ,
Marketing ,
Securities and Exchange Commission (SEC) ,
Testimonial Statements
By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions in any media, including online, telephone, print, and...more
It’s October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications for advertising law....more
At this week’s National Advertising Division Annual Conference, FTC Commissioner Melissa Holyoak and FTC Bureau of Consumer Protection Director Samuel Levine presented starkly different perspectives of the agency....more