In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step’s ability to match its customers with jobs in the healthcare...more
Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the company regularly used misleading...more
8/2/2024
/ Advertising ,
Business Opportunity Laws ,
Department of Labor (DOL) ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Independent Contractors ,
Job Ads ,
Misleading Statements ,
Section 5 ,
Statutory Violations
This week, the Fifth Circuit Court of Appeals issued a stay of the Department of Transportation’s (DOT) price transparency and “junk fee” rule (the Rule or the Final Rule). The ruling effectively blocks the DOT from enforcing...more
8/1/2024
/ Air Carriers ,
Airlines ,
Chevron Deference ,
Department of Transportation (DOT) ,
Federal Trade Commission (FTC) ,
Fees ,
Loper Bright Enterprises v Raimondo ,
New Rules ,
Non-Compete Agreements ,
Price Transparency ,
Stays ,
Unfair or Deceptive Trade Practices
In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help businesses comply with its “all or virtually all” standard,...more
These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more
7/11/2024
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Subscription Services ,
UDAAP ,
Unfair or Deceptive Trade Practices
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The opinions overturned the long-standing "Chevron doctrine," under which...more
7/9/2024
/ Chevron Deference ,
Chevron v NRDC ,
Congressional Intent ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
Late last week, the California attorney general released Frequently Asked Questions regarding California’s “Honest Pricing Law” or “Hidden Fees Statute,” which will take effect July 1, 2024. The law is anticipated to have a...more
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The...more
It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania...more
In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary...more
Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a...more
State attorneys general (AGs) are the chief legal officers of their states or territories and can bring actions to protect the “public interest” in almost any area of law. They represent the state government and the general...more
In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation...more
The Rule-A-Palooza continues at the FTC. On March 7, 2024, the Federal Trade Commission (FTC) released a Final Rule that updates the recordkeeping requirements under the Telemarketing Sales Rule (TSR). The Final Rule requires...more
If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?...more
On February 15, 2024, the Federal Trade Commission (FTC) announced a two-step approach to tackling impersonation fraud. First, the FTC finalized a rule regulating the impersonation of businesses and government entities (the...more
Listen to Episode 5 of our podcast, the Ad Law Tool Kit Show. In this episode, Venable partner Roger Colaizzi and former partner Alexandra Megaris talk to host Len Gordon about surviving an FTC investigation. Check out the...more
It’s that time of year again—Ad Law Symposium is back!
Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
2/22/2024
/ Advertising ,
Advertising Substantiation ,
Artificial Intelligence ,
Automatic Renewals ,
Best Practices ,
Defense Strategies ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Green Marketing ,
Lanham Act ,
Legal Ethics ,
Marketing ,
Pricing ,
Regulatory Requirements ,
Social Media ,
State Privacy Laws ,
Telemarketing ,
Text Messages
On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...more
The Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers. Negative option marketing can include pre-notification negative option...more
As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more
Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more
1/31/2024
/ Advertising ,
Civil Monetary Penalty ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels
Stay informed about two recent FTC actions on price transparency, the “CARS” and “Unfair or Deceptive Fees” Rules, as well as similar state laws. By understanding regulators’ expectations regarding fee disclosure, add-on...more
Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more
1/19/2024
/ Administrative Hearings ,
Administrative Procedure ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Federal Trade Commission (FTC) ,
Magnuson-Moss Act ,
NPRM ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
ROSCA ,
Rulemaking Process
Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the...more