Listen to Episode 2 of our new podcast, the Ad Law Tool Kit Show. In this episode, partner Todd Harrison talks to host Shahin Rothermel about marketing FDA-regulated products. Check out the episode....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
It’s that time of year again. Regardless of what you call them—subscriptions, negative option programs, automatic renewals, or continuous service offers—states are continuing to enact and enforce new laws with increasingly...more
2/1/2024
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Contracts ,
Contract Terms ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement ,
Enforcement Actions ,
Informed Consent ,
Keurig Inc ,
LA Times ,
New Legislation ,
Subscription Services
Check out the trailer for a new podcast coming from Venable’s Advertising and Marketing Law Group tomorrow, the Ad Law Tool Kit Show. Each week, our award-winning team will dive into a new issue—from negative option marketing...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
This week, the Federal Trade Commission (FTC) announced a Proposed Stipulated Order with lead generator Response Tree LLC and its president, resolving allegations that the company violated the Telemarketing Sales Rule (TSR)...more
1/9/2024
/ Consent ,
Do Not Call List ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Lead Generators ,
Misrepresentation ,
Robocalling ,
Settlement ,
Telemarketing ,
Telemarketing Sales Rule
On December 20, 2023, New York Attorney General Letitia James filed a Petition in state court alleging Sirius XM Radio’s autorenewal practices violated New York’s autorenewal law. In the lawsuit, New York alleges that Sirius...more
The Federal Communications Commission (FCC) adopted a revised rule to restrict forms of lead generation involving texts and calls to consumers on December 13, 2023. The revised rule implementing the Telephone Consumer...more
In recent weeks, class action plaintiffs have brought a new tranche of lawsuits challenging companies’ online terms and conditions. In them, plaintiffs allege that the terms violate California’s law prohibiting contracts for...more
Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more
11/22/2023
/ Advertising ,
Class Action ,
Enforcement Actions ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
NAD ,
New Legislation ,
Recycling ,
State Regulators ,
Webinars
Marketers and lead generators have new guidance in the form of enforcement orders on what the Federal Trade Commission (FTC) appears to consider required practice when obtaining consumer consent prior to the sale, transfer,...more
8/1/2023
/ Consent ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Lead Generators ,
Marketing ,
Personal Information ,
Prior Express Consent ,
Settlement ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
Join us on August 2, 2023 for a webinar highlighting the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides) and a discussion of the Commission's new proposed trade...more
As we recently previewed, the Federal Communications Commission (FCC) published its Proposed Rule that would codify its updated guidance on the Telephone Consumer Protection Act (TCPA). The TCPA regulates calls and text...more
7/12/2023
/ ATDS ,
Automated Systems ,
Comment Period ,
Compliance ,
Consent ,
FCC ,
Proposed Rules ,
Revocation ,
TCPA ,
Telecommunications ,
Text Messages ,
Wireless Devices
Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more
7/6/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Intermediaries ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Last month, Florida Gov. Ron DeSantis signed the much-anticipated amendment to the Florida Telemarketing Solicitation Act (FTSA) into law, significantly limiting the ability of private plaintiffs to file telemarketing...more
This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens.
The...more
6/13/2023
/ Advertising ,
Bitcoin ,
Celebrity Endorsements ,
Cryptocurrency ,
Endorsements ,
Ether Tokens ,
Ethereum ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
New Guidance ,
Popular
If you are a subscription marketer, you have likely heard the buzz about the Federal Trade Commission's Notice of Proposed Rulemaking (NPRM) concerning the Negative Option Rule. If implemented, the proposed rule would impact...more
4/7/2023
/ Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice Requirements ,
NPRM ,
Proposed Regulation ,
Subscription Services ,
Terms and Conditions
Last month, the National Advertising Division of BBB National Programs reviewed Pier 1’s subscription rewards program and recommended that the company provide clearer disclosures of the automatic renewal program.
The...more
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more
3/1/2023
/ Arbitration ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Hyperlink ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Terms and Conditions ,
Website Design ,
Website Owner Liability ,
Websites
Last week, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking proposing to “ban the practice of obtaining a single consumer consent as grounds for delivering calls and text messages from...more
In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more
When it comes to negative options, the CFPB has strong opinions. As demonstrated in its new circular, these opinions generally align with those of the Federal Trade Commission (FTC), which has repeatedly targeted trial...more
Last week, the Consumer Financial Protection Bureau (CFPB) proposed a rule to establish a public registry of terms and conditions in form contracts that purport to waive or limit consumer rights and protections.
The rule...more
For years, lead generators have obtained telephone numbers for their clients to call by obtaining the consumer’s consent to receive calls from certain entities specifically identified by the lead generator. A typical model...more
The law surrounding negative option and continuity programs continues to evolve rapidly. Feeling a bit overwhelmed with the latest developments? Below is what you need to know in light of new laws, new enforcement actions,...more
1/19/2023
/ Automatic Renewals ,
Consent ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Fees ,
GrubHub ,
New Legislation ,
ROSCA ,
Settlement ,
State Attorneys General ,
Subscription Services ,
Terms of Service ,
Website Design