Last week, the Federal Trade Commission (FTC) published a set of Frequently Asked Questions (FAQ) aimed at helping businesses and consumers understand the agency’s Rule on Unfair or Deceptive Fees, which takes effect on May...more
5/13/2025
/ Advertising ,
Consumer Protection Laws ,
Disclosure Requirements ,
Event Tickets ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hospitality Industry ,
SBREFA ,
Small Business ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against rideshare and delivery company Uber for allegedly deceptive subscription practices, including making it unreasonably difficult to cancel....more
4/25/2025
/ Automatic Renewals ,
Cancellation Rights ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Ridesharing ,
Subscription Services ,
Uber ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission, state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers, including automatic renewals, free-to-pay conversions, and continuity programs....more
In one of the first settlements since the new administration took office, the Federal Trade Commission (FTC) announced a $17 million monetary judgment with Cleo AI to resolve allegations that Cleo violated Section 5 of the...more
4/2/2025
/ Automatic Renewals ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FinTech ,
Mobile Apps ,
Popular ,
ROSCA ,
Settlement ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On March 21, a federal judge in Washington state denied Doxo Inc.’s motion to dismiss a complaint brought by the Federal Trade Commission (FTC) regarding Doxo’s alleged deceptive advertising practices. ...more
3/31/2025
/ Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Online Platforms ,
Payment Systems ,
ROSCA ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of...more
3/21/2025
/ Auto-Renewal ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Rulemaking Process ,
Subscription Services ,
Unfair or Deceptive Trade Practices
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more
This week, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the proposed rule over a year ago, the rule covered any business that offered goods or...more
The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more
11/7/2024
/ Advertising ,
Cease and Desist Orders ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Investment Adviser ,
Marketing ,
Securities and Exchange Commission (SEC) ,
Testimonial Statements
On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more
8/16/2024
/ Advertising ,
AMG Capital Management LLC v FTC ,
Artificial Intelligence ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Popular ,
Section 5 ,
Social Media ,
Testimonial Statements
Listen to Episode 5 of our podcast, the Ad Law Tool Kit Show. In this episode, Venable partner Roger Colaizzi and former partner Alexandra Megaris talk to host Len Gordon about surviving an FTC investigation. Check out the...more
On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices...more
2/26/2024
/ Constitutional Challenges ,
Consumer Financial Products ,
Credit Card Surcharges ,
Credit Cards ,
Disclosure Requirements ,
First Amendment ,
Merchants ,
New Guidance ,
New Legislation ,
Pricing ,
Proposed Legislation ,
Surcharges
On Tuesday, February 13, the Federal Trade Commission (FTC) held an informal hearing regarding the Proposed Rule on the Use of Consumer Reviews and Testimonials. Three interested parties each had the opportunity to submit 30...more
This week, the Federal Trade Commission (FTC) released a Proposed Rule, “Rule on Unfair or Deceptive Fees.” The Proposed Rule comes after the FTC solicited comments through its Advance Notice of Proposed Rulemaking in...more
10/12/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Brick-and-Mortar Stores ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
E-Commerce ,
Fees ,
Goods or Services ,
Governor Newsom ,
New Legislation ,
Proposed Rules ,
Public Comment
Thirteen months after proposing sweeping changes to its Endorsements and Testimonial Guides (Guides), the Federal Trade Commission (FTC) has finalized its revised guidelines and released an updated set of FAQs to help guide...more
7/6/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Intermediaries ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Section 5 ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Starting June 27, operators of online marketplaces will need to comply with a new federal statute, the Integrity, Notification, and Fairness in Online Market Retail Marketplaces for Consumers Act or INFORM Act.
The...more
5/24/2023
/ Anti-Fraud Provisions ,
Counterfeiting ,
Data Collection ,
Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
New Legislation ,
Online Marketplace ,
State Attorneys General ,
Verification Requirements
On December 20th, 2022, the Federal Trade Commission published new guidance regarding claims about the benefits and safety of health-related products: Health Products Compliance Guidance. This guidance replaces the...more
At its most recent open meeting, the Federal Trade Commission voted unanimously to issue an Advance Notice of Proposed Rulemaking, seeking public comment on whether to modify or expand its Business Opportunity Rule.
The...more
On Monday the U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax’s digital tokens, “EMAX tokens,” on...more
10/5/2022
/ Cease and Desist Orders ,
Celebrity Endorsements ,
Civil Monetary Penalty ,
Class Action ,
Cryptoassets ,
Disclosure Requirements ,
Disgorgement ,
Endorsements ,
Ethereum ,
Failure To Disclose ,
FTC Endorsement Guidelines ,
Kim Kardashian ,
Prejudgment Interest ,
Real Estate Investments ,
Securities ,
Securities Fraud ,
Stock Promoters ,
Testimonial Statements
In June, New York enacted a ticket transparency law seeking to make sweeping changes to how ticket prices are communicated to consumers and eliminate deceptive ticket pricing practices. The law will go into effect on...more
Last week, the FTC brought and settled enforcement actions against two manufacturing companies for allegedly limiting customers’ right to repair purchased products under unlawful warranty terms. The FTC alleged that the two...more
The Federal Trade Commission has requested public input about potential updates to its “Dot.Com Disclosures.” The guidance document was last updated nearly a decade ago and has not addressed much of the new technology that...more
On March 23, Utah Governor Spencer Cox signed into law sweeping amendments to the state’s Business Opportunity Disclosure Act (BODA). The amendments expand the scope of the statute to cover a broad spectrum of business...more
4/7/2022
/ Amended Legislation ,
Buyers ,
Disclosure Requirements ,
Franchise Agreements ,
Franchises ,
New Legislation ,
Private Right of Action ,
Registration Requirement ,
Sale of Assets ,
Sellers ,
Small Business ,
State and Local Government