What happened and why? On July 8, 2025, a unanimous three-judge panel of the Eighth Circuit Court of Appeals vacated the updated version of the FTC’s Negative Option Rule (also known as the “click to cancel” rule) to have...more
Companies with recurring payment programs with negative option terms now have until July 14, 2025, to bring their disclosure, consent, and cancellation practices into full compliance....more
The Federal Trade Commission (FTC) announced its long-awaited final Negative Option Rule (the “Rule”) on October 16, 2024. “Negative Options” according to the FTC are arrangements “under which the consumer’s silence or...more
In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...more
10/22/2021
/ Advertising ,
Endorsements ,
Enforcement ,
Enforcement Priorities ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
Notice of Violation ,
Social Networks ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has elected to retain its CAN-SPAM Rule in its present form without changes. The CAN-SPAM Rule implements the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM)...more
A European privacy regulator has spoken on a key facet in its General Data Protection Regulation (GDPR) interpretation. The UK’s enforcement office apparently believes that an EU data subject cannot give consent to a...more
The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more
It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more
Trying to keep pace with developments in internet-connected toys and other devices for children, the Federal Trade Commission (“FTC”) announced June 21, 2017 that it has updated its guidance, a “Six-Step Compliance Plan for...more