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Compliance Advertising Consumer Protection Laws

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Fox Rothschild LLP

Online Privacy and Minors: It’s Not Just Under 13 Anymore

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Many U.S. states have recently added provisions regarding “minors” that greatly exceed what is required under the Children’s Online Privacy Protection Act (COPPA). In short, the new laws generally apply to people under 18,...more

Troutman Amin LLP

MIDYEAR LITIGATION REPORT: TCPA Class Actions Up Staggering 95.2% from 2024–Previously the Highest Year On Record

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2024 was a record setting year for TCPA litigation with the highest number of class actions filed in a single year ever. 2025 is blowing it out of the water. To date there have been 1,052 TCPA class actions filed in 2025–...more

Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

DLA Piper

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

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The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,...more

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more

K&L Gates LLP

European Union Targets SHEIN Over Consumer Law Breaches: What Online Sellers Must Learn Fast

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In late May 2025, the Consumer Protection Cooperation (CPC) Network and the European Commission (EC) concluded a joint investigation into online marketplace and e-retailer SHEIN. The result? A strong warning shot: Several of...more

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index

This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

Klein Moynihan Turco LLP

Not Worth the Gamble: Major Deceptive Gaming Advertising Settlement Announced

On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings...more

Stradling Yocca Carlson & Rauth

The Legal Side of Sweepstakes: What Every Brand Needs to Know

“It’s just a giveaway. What could go wrong?” You’d be surprised. A fun marketing initiative can quickly become a legal headache. Behind every good sweepstakes is a legal minefield—one that many brands don’t recognize...more

Latham & Watkins LLP

Eighth Circuit Vacates FTC Click-to-Cancel Rule Days Before Compliance Deadline

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Although the entire Rule has been vacated, businesses offering negative option programs should remain aware of general unfair and deceptive advertising principles and applicable state law requirements. KEY POINTS: On July...more

Holland & Knight LLP

Compliance Needs are Alive and Well: FTC's Recent Enforcement Activity

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta provides an early analysis of the Federal Trade Commission's (FTC) direction under Chair Andrew Ferguson, emphasizing that the agency is...more

Davies Ward Phillips & Vineberg LLP

Challenge to Amusement Park Price Promotions Adds to Roller Coaster of Canadian Drip Pricing Enforcement

Just months after obtaining a record C$38.9-million penalty in the first fully contested drip pricing case in Canada, the Competition Bureau has initiated a new drip pricing case against Canada’s Wonderland Company, the...more

Klein Moynihan Turco LLP

What Constitutes A Legal Sweepstakes?

Legal sweepstakes are an effective means for brands to attract consumer attention and interaction through the allure of possible prize winnings. Some sweepstakes operators, however, have attempted to create business models...more

Foley & Lardner LLP

Is Your Company Prepared for the FTC’s Junk Fees Rule, Effective May 12?

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On May 5, 2025, the Federal Trade Commission (FTC or “the Commission”) published FAQs aimed at providing consumers and businesses with information regarding the agency’s Rule on Unfair or Deceptive Fees (the “Junk Fees Rule”...more

Foley & Lardner LLP

Telehealth Companies and Social Media Influencers May Face New FDA Laws

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On February 20, 2025, U.S. Senators Dick Durbin (D-IL) and Roger Marshall, M.D. (R-KS) introduced bipartisan legislation, the Protecting Patients from Deceptive Drug Ads Act (the Act), which closes perceived “legal loopholes”...more

Buchalter

One Florida Firm is Targeting Ecommerce Brands With TCPA Class Actions Claiming That Promotional Text Messages Sent Outside of...

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In 2024, a single firm in Florida started targeting social media users with an ad campaign claiming that any promotional text message sent outside the hours of 8am and 9pm violates the Telephone Consumer Protection Act. This...more

Klein Moynihan Turco LLP

Email Marketing Compliance

Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Strikes Down FTC’s ‘Junk Fee’ Rule for Auto Dealers

On January 24, 2025, the Fifth Circuit Court of Appeals struck down an FTC rule aimed at curbing deceptive advertising and sales practices in the auto industry. The rule, which sought to prohibit certain “junk fees” and...more

Foley & Lardner LLP

FTC Announces Final Junk Fees Rule Applying to Live-Event Tickets and Short-Term Lodging

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On December 17, 2024, the U.S. Federal Trade Commission (FTC) announced its final “Junk Fees Rule” (the “Final Rule” or “Rule”) to prevent certain practices related to pricing in the live-event ticketing and short-term...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

Hogan Lovells

Naming and Labelling of vegan and vegetarian products – it's what it says on the tin

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There is an ever-increasing number of consumers who are following a vegetarian or even vegan diet – and with this comes a wide range of vegetarian and vegan foods that can now be found in many supermarkets and restaurants....more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

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It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more

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