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
The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more
7/9/2025
/ Administrative Procedure Act ,
Appeals ,
Consumer Protection Laws ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Judicial Authority ,
Negative Option Rule ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
Subscription Services ,
Telemarketing Sales Rule ,
Vacated
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 development that underscores the Federal Trade Commission’s (FTC) growing scrutiny of the “merchant of record” model, the commission announced a $5 million settlement with UK-based Paddle.com Market Limited (Paddle),...more
6/23/2025
/ Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Know Your Customers ,
Payment Systems ,
ROSCA ,
Settlement ,
Subscription Services ,
Telemarketing ,
Telemarketing Sales Rule ,
UK ,
Unfair or Deceptive Trade Practices
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
On May 15, Federal Trade Commission (FTC) chairman Andrew Ferguson testified before the House Appropriations Committee in support of the FTC’s budget request. His testimony provides insight into the agency’s downsizing and...more
5/27/2025
/ Artificial Intelligence ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Consumer Protection Laws ,
Enforcement Actions ,
Enforcement Priorities ,
False Advertising ,
Federal Budget ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Regulatory Agenda ,
Robocalling ,
Scams ,
Small Business ,
Strategic Enforcement Plan ,
Subscription Services ,
Veterans
On Friday, the Federal Trade Commission voted to defer the compliance deadline for the amended Negative Option Rule by 60 days. The Commission issued a statement on the new deadline....more
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
This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
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
The Federal Trade Commission (FTC) has historically focused on protecting Americans in their role as consumers. But, pursuant to a recent directive issued in February 2025 by FTC Chairman Andrew Ferguson, the FTC will also...more
In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more
4/2/2025
/ Automatic Renewals ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FinTech ,
Mobile Apps ,
Popular ,
ROSCA ,
Settlement ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On March 21, a federal judge in Washington state denied Doxo Inc.’s motion to dismiss a complaint brought by the Federal Trade Commission (FTC) regarding Doxo’s alleged deceptive advertising practices. ...more
3/31/2025
/ Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Online Platforms ,
Payment Systems ,
ROSCA ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more
3/20/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Hiring & Firing ,
Political Parties ,
Precedential Opinion ,
SCOTUS ,
Termination ,
Trump Administration
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
We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more
3/4/2025
/ Administrative Agencies ,
Consumer Fraud ,
Consumer Privacy Rights ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Involuntary Reduction in Force ,
Online Platforms ,
Regulatory Agenda ,
Section 5 ,
Unfair or Deceptive Trade Practices
Last week, a security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission’s (FTC) newly adopted Negative Option Rule,...more
2/26/2025
/ Administrative Procedure Act ,
B2B Transactions ,
Cancellation Rights ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Rulemaking Process ,
Statutory Authority ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more
2/24/2025
/ Administrative Authority ,
Constitutional Challenges ,
Department of Government Efficiency (DOGE) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
OIRA ,
OMB ,
SCOTUS ,
Trump Administration