If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?...more
On February 15, 2024, the Federal Trade Commission (FTC) announced a two-step approach to tackling impersonation fraud. First, the FTC finalized a rule regulating the impersonation of businesses and government entities (the...more
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
It’s that time of year again—Ad Law Symposium is back!
Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
2/22/2024
/ Advertising ,
Advertising Substantiation ,
Artificial Intelligence ,
Automatic Renewals ,
Best Practices ,
Defense Strategies ,
Enforcement Actions ,
Events ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Green Marketing ,
Lanham Act ,
Legal Ethics ,
Marketing ,
Pricing ,
Regulatory Requirements ,
Social Media ,
State Privacy Laws ,
Telemarketing ,
Text Messages
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
The Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers. Negative option marketing can include pre-notification negative option...more
Listen to Episode 3 of our new podcast, the Ad Law Tool Kit Show. In this episode, hosts Len Gordon and Shahin Rothermel discuss negative option and continuity marketing. Check out the episode....more
As we anxiously await the Federal Trade Commission’s (FTC) update of the Green Guides, advertisers should keep in mind the various “green” state laws that could affect the production and marketing of certain products. For...more
Tractor maker Kubota North America Corporation will pay a $2 million civil penalty for falsely labeling its replacement parts as “Made in USA,” the largest civil penalty ever in a Federal Trade Commission (FTC) Made in USA...more
1/31/2024
/ Advertising ,
Civil Monetary Penalty ,
Corporate Counsel ,
Country of Origin ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Product Labels
Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode....more
Stay informed about two recent FTC actions on price transparency, the “CARS” and “Unfair or Deceptive Fees” Rules, as well as similar state laws. By understanding regulators’ expectations regarding fee disclosure, add-on...more
Check out the trailer for a new podcast coming from Venable’s Advertising and Marketing Law Group tomorrow, the Ad Law Tool Kit Show. Each week, our award-winning team will dive into a new issue—from negative option marketing...more
Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more
1/19/2024
/ Administrative Hearings ,
Administrative Procedure ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Federal Trade Commission (FTC) ,
Magnuson-Moss Act ,
NPRM ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
ROSCA ,
Rulemaking Process
Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the...more
On December 20, 2023, New York Attorney General Letitia James filed a Petition in state court alleging Sirius XM Radio’s autorenewal practices violated New York’s autorenewal law. In the lawsuit, New York alleges that Sirius...more
Last week, the Fifth Circuit handed down an across-the-board rejection of four constitutional challenges raised by gene sequencing company Illumina in defending against the Federal Trade Commission’s merger challenge. Bah!...more
In March, the Federal Trade Commission (FTC) asked for comments on a proposal to replace the Prenotification Negative Option Rule with a more expansive Negative Option Rule. Now that the FTC has had the chance to review those...more
The Federal Trade Commission (FTC) continues to focus its attention on “Made in the USA” claims, and this time the agency has fixed its gaze on a Florida-based company and its principal, whose claims regarding patriotic and...more
With the holiday shopping season in full swing, companies will soon begin the annual fight for every consumer dollar. But before companies can make the sale, they will face an even more daunting task: grabbing customer...more
Environmental advertising claims remain a hot area of regulator action, with the Federal Trade Commission in the process of updating the FTC Green Guides. State legislatures like California’s also remain active in the area,...more
11/22/2023
/ Advertising ,
Class Action ,
Enforcement Actions ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Green Guides ,
Green Marketing ,
NAD ,
New Legislation ,
Recycling ,
State Regulators ,
Webinars
Large banks and credit unions must provide certain information to customers free of charge, such as account balances, transaction history, and fees, according to an advisory opinion issued by the Consumer Financial Protection...more
10/17/2023
/ Advisory Opinions ,
Banks ,
Biden Administration ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Unions ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Hidden Fees ,
Supervisory Highlights
In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more
10/16/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
AMG Capital Management LLC v FTC ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Due Process ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Non-Delegation Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC)
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
On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more
10/5/2023
/ Administrative Agencies ,
Administrative Procedure Act ,
Appropriation ,
Chamber of Commerce ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Funding ,
Oral Argument ,
Payday Lending Rule ,
Payday Loans ,
SCOTUS ,
UDAAP