Join us for a festive deep dive into compliance essentials that keep your holiday campaigns merry and risk-free....more
On today’s special episode of AD Nauseam, Amy and Daniel broadcast live from the Association of National Advertiser’s annual conference. They’re joined by Phyllis Marcus, Director of the National Advertising Division, for an...more
We recently had the great good fortune to host a live AD Nauseam podcast at the 2025 ANA Masters of Advertising Law conference with Federal Trade Commission (FTC) Commissioner Melissa Holyoak and National Advertising Division...more
Automatic renewals, more commonly referred to as subscription services, have become a household topic (or maybe just in ours?) of advertising law enforcement. Subscription services – from streaming platforms to meal kits –...more
We recently had the great good fortune to host a live AD Nauseam podcast at the 2025 ANA Masters of Advertising Law conference with Federal Trade Commission (FTC) Commissioner Melissa Holyoak and National Advertising Division...more
On today’s episode of AD Nauseam, Amy and Daniel discuss how the FTC approaches pricing and price disclosure issues, highlighting cases involving car dealerships, seafood companies, rental properties, and delivery services....more
10/31/2025
/ Car Dealerships ,
Delivery Drivers ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hidden Fees ,
Price Transparency ,
Rental Property ,
Seafood ,
Unfair or Deceptive Trade Practices
As we enter the third week of the government shutdown, we notice that the FTC announced a brand-new consumer protection action, which is something we rarely see during a shutdown. The FTC is one of the federal agencies that...more
10/23/2025
/ Consumer Protection Laws ,
Debt Collection ,
Debt-Relief Industry ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Government Shutdown ,
Gramm-Leach-Blilely Act ,
State Attorneys General ,
Telemarketing ,
TRO ,
Unfair or Deceptive Trade Practices
On today’s episode of AD Nauseam, Amy and Daniel explore the topic of individual liability as it relates to FTC cases, and the importance of listening to complaints and responding appropriately from the start....more
On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest, advertising associate Mike Ingram, to dive into the FTC’s first enforcement of the Inform Act, which requires online marketplaces to verify and...more
We’re back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024.
This episode dives into the Federal Trade Commission under...more
On today’s episode of AD Nauseam, Amy and Daniel explore the legal and regulatory challenges of deceptively formatted advertising, often referred to as native advertising, focusing on how the FTC and NAD assess whether...more
On today’s episode of AD Nauseam, Amy and Daniel explore how advertisers can substantiate sensory claims—such as taste, smell, and feel—through rigorous testing, with a focus on guidance from the ASTM E1958 standard and...more
On today’s episode of AD Nauseam, Amy Mudge and Daniel Kaufman discuss recent FTC enforcement trends, highlighting a return to traditional consumer protection cases such as fraud, earnings claims, and debt relief. They...more
8/14/2025
/ Advertising ,
Consumer Protection Laws ,
COPPA ,
Debt Relief ,
Debt-Relief Industry ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Made in the USA ,
New Legislation ,
Telemedicine ,
Unfair or Deceptive Trade Practices
It has been roughly six months since Andrew Ferguson took over as chairman of the Federal Trade Commission (FTC). Since that time, Mark Meador was confirmed as the third Republican commissioner (joining Commissioner Melissa...more
7/30/2025
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Security ,
Deep Fake ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Online Platforms ,
Personal Information ,
Political Parties ,
Privacy Laws
On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/29/2025
/ Advertising ,
Consumer Protection Act ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Regulatory Requirements ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
As promised in last week’s blog that covered the Eighth Circuit’s decision to vacate the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule), we are back with some practical insights on and...more
7/15/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Contract Terms ,
Corporate Counsel ,
Enforcement ,
Federal Trade Commission (FTC) ,
New Legislation ,
Regulatory Requirements ,
ROSCA ,
Subscription Services
Yesterday, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule) that was set to go into effect on July 14....more
On today’s episode of Ad Nauseam, Amy and Daniel are back with national treasure, and all-around great person, Lesley Fair, a legal expert, distinguished law professor and former Senior attorney at the Federal Trade...more
7/10/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Fair Notice ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Regulatory Oversight ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
If you have been on the internet the past few weeks, you likely have seen the latest viral sensation: Labubu. Labubu is a small monster figurine with a mischievous smile, a furry body and endless opportunities to be used as...more
In Part 2 of the “Survey Says” series, BakerHostetler partners Amy Mudge, Daniel Kaufman, and special guest Randy Shaheen dive deeper into the design and execution of consumer perception surveys. They explore how to select...more
In this episode of AD Nauseam, Amy Mudge and Daniel Kaufman explore the complexities of advertising “free” offers, emphasizing the importance of transparency and compliance with FTC guidelines. They discuss how the term...more
6/7/2025
/ Advertising ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
FTC Guidelines ,
Hidden Fees ,
Misleading Statements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
We love hearing Commissioner Holyoak speak and were particularly heartened when she criticized the Khan FTC’s use of charged headlines in press releases and speeches, including calling targeted advertising “surveillance...more
In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs’ National Advertising Division (NAD), to discuss her transition into the role and her vision for the...more
The Federal Trade Commission (FTC) released a statement on May 9 deferring by 60 days its enforcement of certain provisions of the Negative Option Rule (the Rule). The bulk of the Rule’s requirements are now scheduled to go...more
5/13/2025
/ Automatic Renewals ,
Cancellation Rights ,
Compliance Dates ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Negative Option Rule ,
Regulatory Requirements ,
ROSCA ,
Subscription Services ,
Time Extensions
In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through...more