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
Interested in learning about the advertising claims that plaintiffs are challenging the most? Join Venable attorneys in Part 2 of their series "Why Can They Say That But I Can't?" Claudia Lewis, Shahin Rothermel, and Ari...more
This week, California amended its automatic renewal and continuous service offer law (ARL). Key provisions include the addition of “free-to-pay conversions,” consent obligations, misrepresentation prohibitions, request for...more
Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more
9/11/2024
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consumer Contracts ,
Corporate Counsel ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
ROSCA ,
Settlement ,
Subscription Services ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices
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
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The Federal Trade Commission (FTC) has made clear its focus on automatic renewal programs with high-profile lawsuits in recent weeks, alleging violations of the Restore Online Shoppers' Confidence Act (ROSCA). Below are some...more
6/19/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
Federal Trade Commission (FTC) ,
Fees ,
Notice Requirements ,
ROSCA ,
Subscription Services ,
Termination Fees ,
Terms and Conditions
Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with...more
Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more
Listen to Episode 12 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Ari Rothman talks to host Shahin Rothermel about telemarketing and texting. Check out the episode....more
Last week, California's legislature proposed amendments to its Automatic Renewal Law (ARL) to tighten the already-strict requirements for autorenewal, negative option, and continuous service offers. The law would impose new...more
Listen to Episode 10 of our podcast, the Ad Law Tool Kit Show. In this episode, Karel Mazanec and Nicholas Reiter talk to host Shahin Rothermel about website accessibility. Check out the episode....more
Last week, a class action was filed in California state court alleging that Optavia, a multilevel marketing (MLM) company selling weight loss products and services, violated California's Automatic Renewal Law (ARL). The case,...more
Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode....more
Earlier this month, the National Advertising Division of BBB National Programs (NAD) recommended that Amyris Clean Beauty, Inc.’s (Amyris) Biossance skincare products modify or discontinue several claims regarding their...more
The National Advertising Division of BBB National Programs (NAD) recommended last month that Stihl Incorporated USA (Stihl), a manufacturer of equipment and tools, discontinue or modify its unqualified “Made in America”...more
If you’ve been focused on only the high-level statements from the CFPB, you might already expect Rohit Chopra to fashion himself and the agency as “pro-consumer.” Consistent with that approach, the agency just signaled its...more
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
3/8/2024
/ Advertising ,
Billing Errors ,
Class Action ,
Consumer Protection Laws ,
Contests & Promotions ,
Data Breach ,
Defense Strategies ,
Enforcement ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Marketing ,
NAD ,
Risk Mitigation ,
Slack-Fill Suits ,
State Attorneys General ,
Subscription Services ,
TCPA ,
Telemarketing Sales Rule
Listen to Episode 6 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Dan Silverman talks to host Shahin Rothermel about mitigating class action exposure. Check out the episode....more
Is a product recyclable if it is made of recyclable materials? Or is it recyclable when it can be recycled by waste management facilities? Last month, the United States District Court for the Northern District of California...more
On January 29, 2024, Congressman Frank Pallone, Jr. introduced the Do Not Disturb Act, a bill that would amend the Telephone Consumer Protection Act (TCPA) and “fix” the Supreme Court’s ruling in Duguid that limited 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
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
Last month, New York quietly proposed a bill intended to protect children from advertising of unhealthy foods and the "disastrous health outcomes that follow the overconsumption of these products," suggesting that such...more
Listen to Episode 3 of our new podcast, the Ad Law Tool Kit Show. In this episode, hosts Len Gordon and Shahin Rothermel discuss negative option and continuity marketing. Check out the episode....more