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Marketing Unfair or Deceptive Trade Practices Federal Trade Commission (FTC)

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

Lowenstein Sandler LLP

FTC Click-to-Cancel Rule on Hold, but California’s Automatic Renewal Law Remains Intact: What Companies Need To Know

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On July 8, the Eighth U.S. Circuit Court of Appeals vacated the Federal Trade Commission’s (FTC) "click-to-cancel" rule (FTC Rule), which would have required companies to provide customers with an easy, one-click method to...more

Venable LLP

Lead Generation Scams in Healthcare: FTC Files Case Against Impersonator Ads

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On June 24, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Maryland against Mercury Marketing, LLC, and several affiliated entities and individuals alleging that the...more

Holland & Knight LLP

FTC Evaluating Deceptive Artificial Intelligence Claims

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The Federal Trade Commission (FTC) has shown a growing interest in scrutinizing deceptive claims related to artificial intelligence (AI). This interest stems from the agency's core mission to protect consumers and ensure fair...more

Hogan Lovells

Deceptive sweepstakes prompt FTC action and consumer payouts

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Last week, the Federal Trade Commission sent more than $18 million in refunds to U.S. consumers who entered a Publishers Clearing House (PCH) sweepstakes in recent years. The refund represents a significant remedy to...more

Fenwick & West LLP

Blurred Lines, Big Lawsuits: The Cost of Missing Disclosures

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Revolve is facing a $50 million putative class action over allegedly failing to enforce disclosure rules in its influencer campaigns. The suit claims that influencers received payments and free products but failed to clearly...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

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On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

NAD Combs Through #1 Claims

Simpler Hair Color (or ​“SHC”) advertises that its products are ​“Rated #1 Men’s Hair Color” and ​“Rated #1 Men’s Hair & Beard Color” based on ​“Trustpilot​.com verified reviews.” Combe, a competitor, challenged the #1 claims...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

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The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

Kilpatrick

NAD 2024 Annual Report – Key Takeaways

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The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which...more

BakerHostetler

[Podcast] AD Nauseam: The Fine Print: Why Truth in Ads Matters

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On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more

BakerHostetler

Chocolate Cases Worth Melting For

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It’s time for my favorite time of the year, when all the Valentine’s Day candy goes on sale! In honor of this sugary sweet clearance sale, I wanted to recap some of our favorite NAD chocolate cases. So whether you like milk...more

Lathrop GPM

FTC Proposes Changes to Deter Deceptive Earnings Claims by Multilevel Marketers and Money-Making Opportunity Sellers

Lathrop GPM on

On January 13, 2025, the Federal Trade Commission announced that it is seeking public comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule to strengthen the agency’s tools to...more

Pierce Atwood LLP

State Regulators Eye AI Marketing Claims as Federal Priorities Shift

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With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more

Katten Muchin Rosenman LLP

Unsubscribe: What the FTC's "Click-to-Cancel" Rule Means for Retailers and Consumers - The Katten Kattwalk/Kattison Avenue | Issue...

A curated seasonal wardrobe delivered directly to your door, the return to a jam-packed gym, personally proportioned fresh weekly meals, a coffeemaker and a new pair of sneakers shipped within an hour, or a trial run on the...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 3

FTC's Final Junk Fees Rule Narrowed in Scope - On December 17, 2024, the Federal Trade Commission (FTC) released its final Rule on Unfair or Deceptive Fees, commonly known as the "Junk Fees Rule." This final rule has a...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 1

Survey Says … NAD Finds Realtor.com Claims Supported by Survey Despite Industry Changes - The National Advertising Division (NAD) recently weighed in on the question of whether recent changes in the real estate industry...more

Klein Moynihan Turco LLP

FTC Takes Aim at Deceptive Earnings Claims

This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking...more

Kelley Drye & Warren LLP

FTC Puts Pedal to the Metal to Release Proposed Rule on MLM Earnings Claims, Changes to Business Opportunity Rule—but Republican...

The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that...more

Ballard Spahr LLP

Justice Department files amended complaint against cash advance company Dave Inc. and its CEO

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The Justice Department is asking a federal court to issue a permanent injunction against cash advance firm Dave Inc. and its CEO Jason Wilk, alleging that the company uses misleading marketing tactics to deceive consumers...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

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On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

Fox Rothschild LLP

Rule Banning Junk Ticket and Hotel Fees

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Earlier this month, the Federal Trade Commission (FTC) announced a final rule—dubbed the Junk Fees Rule—to address what it views as deceptive pricing practices that cause harm to consumers and that undercut other honest...more

Troutman Pepper Locke

Bipartisan FTC Rule Bans Junk Fees for Live-Event Tickets and Short-Term Lodging

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Warnings of an impending regulatory focus on hidden and junk fees materialized following President Joe Biden’s call to Congress during his 2023 State of the Union address to eliminate them. On December 17, the Federal Trade...more

Moritt Hock & Hamroff LLP

Consumers Tricked By Epic’s Deceptive Tactics and Privacy Violations To Receive Refunds In Fortnite Settlement With FTC

n December 2022, the Federal Trade Commission (FTC) announced that Epic Games, Inc. had agreed to a $275 million penalty for violating the Children’s Online Privacy Protection Act (COPPA) through its Fortnite video game....more

Cozen O'Connor

The State AG Report – 12.12.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Frontier Required to Clean Up Hazardous Waste Disposal...more

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