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
And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more
4/21/2025
/ Advertising ,
Celebrity Endorsements ,
Commercial Contracts ,
Contract Terms ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Social Media
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
This week, the U.S. Senate Commerce, Science and Transportation Committee approved a slew of bipartisan bills, including the Kids Off Social Media Act (KOSMA). The bill was introduced by Chairman Ted Cruz, R-Texas, along with...more
2/7/2025
/ Algorithms ,
COPPA ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
Proposed Legislation ,
Social Media ,
State Attorneys General
“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
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
Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...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
The staff of the Federal Trade Commission (FTC) recently issued a report that contains the staff’s findings from its review of disclosure statements from 70 multi-level marketers (MLMs). The report is just the latest in a...more
Last month, we wrote a blog recapping the Senate’s passage of the Children’s Online Privacy Protection Act (COPPA 2.0) and the Kids Online Safety Act (KOSA) with a promise to keep a close eye on the House. You may recall that...more
While comprehensive privacy legislation is unlikely this Congress, on July 30, the U.S. Senate, overwhelmingly passed a legislative package that includes the Kids Online Safety Act (KOSA) and the Children and Teens’ Online...more
For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...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
Note: The March 25 version of this article has been updated.
The other day, the FTC announced settlements with two different companies that allegedly made false promises to small businesses that their companies could help...more
3/25/2024
/ CARES Act ,
Damages ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Paycheck Protection Program (PPP) ,
SBA ,
Section 5 ,
Settlement ,
Small Business ,
Small Business Loans ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority....more
Much like our grocery bills these days, the Federal Trade Commission (FTC or the Commission) maximum civil penalty amount just got pricier. The FTC announced its annual increase of its civil penalty amounts....more
Last month the United States Food and Drug Administration (“FDA”) issued its final guidance (“Guidance”) for the industry on cosmetic product facility registrations and product listings, as required by the Modernization of...more
As we all begin to bundle up for a chilly holiday season, I can’t help but reminisce about and pine for the warm Florida weather last month at the ANA Masters of Advertising Law Conference. I am also continuing to reflect on...more