With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
Last month, a putative class action was filed against Procter & Gamble challenging various green advertising claims for its Charmin toilet paper. The complaint brought a variety of state law claims targeting P&G’s...more
2/4/2025
/ Consumer Protection Laws ,
Corporate Misconduct ,
Environmental Litigation ,
False Advertising ,
Federal Trade Commission (FTC) ,
Green Guides ,
Greenwashing ,
Putative Class Actions ,
State Law Claims ,
Sustainability ,
Unfair or Deceptive Trade Practices
This week, the U.S. Court of Appeals for the Fifth Circuit vacated the Federal Trade Commission’s (FTC) Combatting Auto Retail Scams (CARS) rule....more
2/3/2025
/ Administrative Procedure Act ,
Appeals ,
Automotive Industry ,
CARS Rule ,
Consumer Protection Laws ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices ,
Vacated
Environmental claims are a powerful tool for companies to demonstrate their commitment to sustainability and connect with values-driven consumers. However, these claims are facing increased legal scrutiny, as governments and...more
With the Biden-Harris administration and Federal Trade Commission (FTC) Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan’s ambitious agenda led...more
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission (FTC) announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making...more
1/20/2025
/ Advertising ,
Earnings Reports ,
False Advertising ,
False Statements ,
Federal Trade Commission (FTC) ,
FTC Act ,
MLM ,
MLM Industry ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive...more
1/10/2025
/ Advertising ,
Consumer Protection Laws ,
Employee Rights ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Gig Economy ,
Section 5 ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
This week, the Federal Trade Commission (FTC) and the Illinois attorney general announced a settlement with Grubhub Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that...more
12/19/2024
/ Advertising ,
Cancellation Rights ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
GrubHub ,
Hidden Fees ,
Job Ads ,
ROSCA ,
State Attorneys General ,
Subscription Services ,
Unfair or Deceptive Trade Practices
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
Just before Thanksgiving, the Federal Trade Commission (FTC) announced a Final Rule significantly expanding the coverage of the Telemarketing Sales Rule (TSR). The amendment extends the TSR’s prohibition against deceptive...more
Last month, the Federal Trade Commission (FTC) announced an enforcement action against Evolv Technologies, alleging that the company made deceptive claims about the capabilities of its AI-powered security screening system,...more
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....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
Protecting the planet against climate change is a social movement—and big business. The Federal Trade Commission (FTC) has issued detailed and specific guidance for marketers about how to substantiate so-called green...more
As we previewed last week, industry and trade groups wasted no time in filing challenges against the Federal Trade Commission’s (FTC) Final Negative Option Rule....more
By a 3-2 vote, the Federal Trade Commission (FTC) announced its Final Negative Option Rule that covers negative option programs for both consumer and B2B transactions in any media, including online, telephone, print, and...more
It’s October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications for advertising law....more
Since July 1, when California’s “Honest Pricing Law” or “Hidden Fees Statute” became effective, the plaintiffs’ bar has filed more than a dozen complaints alleging violations of the statute....more
10/3/2024
/ Class Action ,
Consent ,
Convenience Fees ,
Credit Card Surcharges ,
Federal Trade Commission (FTC) ,
Fee Disclosure ,
Fees ,
Hidden Fees ,
Price Transparency ,
Processing Fees ,
Product Pricing ,
Retailers ,
State Attorneys General ,
Surcharges
The Federal Trade Commission (FTC) announced a “sweep” targeting AI-related conduct this week. The cases provide insight into how the agency may approach AI-related issues going forward and illustrate differences among the...more
Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more
9/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Federal Trade Commission (FTC) ,
Information Reports ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Website Design
At this week’s National Advertising Division Annual Conference, FTC Commissioner Melissa Holyoak and FTC Bureau of Consumer Protection Director Samuel Levine presented starkly different perspectives of the agency....more
Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more
9/17/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Investment Opportunities ,
No-Poaching ,
Non-Compete Agreements ,
Popular ,
Private Equity ,
Private Equity Firms
During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more
9/4/2024
/ Administrative Law Judge (ALJ) ,
Advertising ,
Choice-of-Venue ,
Consent ,
Discrimination ,
Disparate Impact ,
ECOA ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Race Discrimination ,
Section 5
The Federal Trade Commission’s (FTC) rulemaking crusade suffered a serious blow this week, when Judge Ada Brown of the Northern District of Texas set aside the agency’s Final Rule that made most employment-related non-compete...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Pending Litigation ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution.
Late last year, the FTC...more