Check your spam filters, as it is quite possible that they may have filtered out some Federal Trade Commission (FTC or the Commission) emails last week because of the literal deluge of emails spewing forth from the agency....more
On Jan. 3, the Federal Trade Commission (FTC) announced a settlement with software provider accessiBe. At first, accessiBe seems to be a simple, routine FTC case following the traditional formula: Advertising + False Promises...more
On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more
10/2/2024
/ Administrative Complaints ,
Artificial Intelligence ,
Business Opportunities ,
Comment Period ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Online Reviews ,
Scams ,
Section 5 ,
Unfair or Deceptive Trade Practices
The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is...more
8/16/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Consumer Protection Laws ,
Disclaimers ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Regulatory Violations ,
Testimonial Statements
On July 17, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) aimed at curbing the use of artificial intelligence (AI) in robocalls and robotexts. The FCC explains that this...more
On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more
On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Sarah talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com; dkaufman@bakerlaw.com ;...more
On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Nichole talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com;...more
It feels like it has been ages since we had one of those exciting public Federal Trade Commission (FTC or Commission) meetings. You may remember them – when the few remaining commissioners talked about issues and matters of...more
1/24/2024
/ Artificial Intelligence ,
CARS Rule ,
Consent ,
COPPA ,
Data Security ,
Federal Trade Commission (FTC) ,
Magnuson-Moss Act ,
Online Advertisements ,
Opt-In ,
Parental Consent ,
Proposed Amendments ,
Public Meetings ,
Targeted Digital Advertising
On Nov. 16, the Federal Trade Commission (FTC) held an open meeting to discuss the FTC’s new “Voice Cloning Challenge” and present public comments on business practices of cloud computing providers in response to the FTC’s...more
Sunscreen Suits: A Plaintiff Will Rise?
New suit, same allegations—are counsel’s tan lines showing?
When Last We Met...
Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more
Ex-Reality Star Sues To Protect His Likeness Against AI -
‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs -
New Contender -
Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more
10/6/2023
/ Advertising ,
Anti-SLAPP ,
Artificial Intelligence ,
Brand ,
Celebrities ,
Charitable Organizations ,
Compliance ,
Consumer Product Companies ,
Dietary Supplements ,
Dilution ,
Fashion Branding ,
Fashion Design ,
FCC ,
Federal Trade Commission (FTC) ,
Holidays ,
Jury Trial ,
Levi Strauss ,
Marketing ,
Name and Likeness ,
Product Labels ,
Right of Publicity ,
Scams ,
Telecommunications ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Wellness Programs
Room Rental Site Sued Over Chimerical Reviews and Listings -
FTC keeps promise to ramp up negative attention on false positives -
Ghosted -
Remember the first time you hunted for your own apartment? The anguish of...more
9/26/2023
/ Advertising ,
Artificial Intelligence ,
Burger King ,
Class Action ,
Copyright ,
Derivative Works ,
Direct Infringement ,
Discount Pricing ,
Endorsements ,
Entertainment Industry ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
NAD ,
Online Reviews ,
Photographs
“Blessing Loom” Scheme Unravels in FTC Settlement -
Esoteric trappings can’t save pyramid-scheme-by-another-name -
Neolawgism -
By certain ironclad laws of demography, we aren’t allowed to add terms to the...more
8/25/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
COPPA ,
Copyright ,
Copyright Infringement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
MLM ,
MLM Industry ,
Parental Consent ,
Personal Information ,
Photographs ,
Product Labels ,
Pyramid Schemes ,
Robocalling ,
Trademark Application ,
Trademark Infringement ,
Unfair Competition ,
USPTO ,
Verification Requirements
On today’s episode of AD Nauseam, Amy, Daniel and Sarah will focus on a real hot topic – dealing with endorsements and testimonials from multiple angles and viewpoints.
Questions & Comments: dkaufman@bakerlaw.com;...more
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
7/28/2023
/ Artificial Intelligence ,
Authors ,
Authorship ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
DMCA ,
E-Commerce ,
Fair Use ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Mobile Devices ,
Musical Sound Recordings ,
Personal Information ,
Scams ,
Smartphones
FTC Lays Out Some AI Ad Essentials -
But specific guidance isn’t here yet, so...let’s be careful out there....more
5/24/2023
/ Advertising ,
Artificial Intelligence ,
Class Action ,
Class Certification ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Google ,
Holidays ,
Marketing ,
Misleading Statements ,
Nutrition Facts Labels ,
Public Meetings ,
Puffery ,
Snapchat
It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on...more
5/8/2023
/ Advertising ,
Artificial Intelligence ,
COPPA ,
Data-Sharing ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Geolocation ,
PHI ,
Privacy Laws ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
Bringing law enforcement takes a lot of time – many, many months of investigation, analysis, negotiations and process must occur before an agency brings a law enforcement action. But blogs can get out the door far more...more
U.S. Copyright Office Keeps AI Out in the Cold -
Only humans can copyright, Office says -
Daisy, Daisy, Give Me Your Answer True -
The Copyright Office has weighed in with long-anticipated statement of policy...more
4/17/2023
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Consumer Complaint System ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Copyright Terms ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Intellectual Property Protection ,
Machine Learning ,
Mobile Apps ,
Music ,
New Guidance ,
Product Labels ,
Royalties ,
Song Lyrics ,
Subscription Services
Getty Images Sues AI Image Generator for Copyright Violations -
The intersection of artificial intelligence and copyright law is still being mapped....more
2/24/2023
/ Artificial Intelligence ,
Artists ,
Blockchain ,
Breach Notification Rule ,
Class Action ,
Copyright ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Federal Trade Commission (FTC) ,
Getty Images ,
NAD
We spend many of our working hours – and far too many of our nonworking hours - talking about Federal Trade Commission (FTC or Commission) issues, and we can confidently state that no one has ever said to us, “I sure do wish...more
6/17/2022
/ Artificial Intelligence ,
Bias ,
COPPA ,
Discrimination ,
Drug Pricing ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Hate Crimes ,
Information Reports ,
Policy Statement ,
Public Meetings ,
Racial Bias ,
Scams