5 Key Takeaways | The Law of Advertising
I was recently in the potential market for an extended car warranty. After a bit of research, I contacted CarShield to explore my options. I spoke with a representative who heartily congratulated me on qualifying for one of...more
Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more
Last week, Michigan Attorney General (AG) Dana Nessel formally launched an investigation under the Michigan Consumer Protection Act (MCPA) into the marketing and business practices of a group of interconnected pest control...more
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: • AGs Go After Timeshare Exit Companies over Allegedly...more
The FTC issued orders to eight social media and video streaming platforms—Meta Platforms, Inc.; Instagram, LLC; YouTube, LLC; TikTok Inc.; Snap Inc.; Twitter, Inc.; Pinterest, Inc.; and Twitch Interactive, Inc.—requiring them...more
For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more
Last week the Federal Trade Commission and six states sued rental listing platform Roomster, Corp. along with its owners for allegedly charging consumers for access to phony listings bolstered by fake reviews it had...more
On Monday, August 1, 2022, the Massachusetts House and Senate reached a last-minute deal to legalize retail and online sports betting throughout the state. The bill, which Governor Charlie Baker is expected to sign in the...more
Vermont AG T.J. Donovan filed a lawsuit against fossil fuel companies Exxon Mobil Corporation, Shell Oil Company, Sunoco LP, CITGO Petroleum Corporation, and related companies over allegations that they used deceptive and...more
It’s never been a better time to shop, work or spend leisure time at home – the internet and television are flooded with advertisements for amazing products with the ability to improve our lives and make things easier....more
The Federal Trade Commission (“FTC”) charged chiropractor Eric Nepute and his company Quickwork LLC (collectively, “Quickwork”) with allegedly using false and deceptive claims to market products as scientifically proven to...more
2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more
Kilpatrick Townsend partners Ty Lord and Laura Miller and Jeremy Liebman, Senior Counsel at Krispy Kreme, recently discussed “The Law of Advertising” at an Association of Corporate Counsel CLE (Charlotte Chapter)....more
The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more
Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more
Negative option marketing is a common form of marketing whereby the absence of affirmative consumer action constitutes consent to be charged for goods or services. Such marketing is widely used and can provide benefits to...more
In the largest payment ever made by an advertising agency in a Federal Trade Commission (FTC) action, Marketing Architects agreed to pay $2 million over allegedly deceptive radio ads for weight loss products....more
On January 17, 2018, the United States District Court for the Northern District of California issued a decision in yet another putative class action alleging that a beer brand’s labeling and marketing was false and deceptive....more
A state-chartered bank based in Missouri must pay $5 million pursuant to a Consent Order with the Board of Governors of the Federal Reserve System resulting from charges of deceptive marketing practices....more
In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state...more