The Bottom Line Privacy and wiretapping laws like California’s Invasion of Privacy Act (CIPA), Massachusetts’s Wiretap Act (MWA), and the federal Wiretap Act (FWA) were originally designed to prevent unwanted eavesdropping on telephone calls. These laws, enacted before websites were Continue Reading
Elon Musk, a Sweepstakes and Law Enforcement: Why Marketers Should Care
The Bottom Line A sweepstakes by Elon Musk’s Political Action Committee, America PAC – which on October 19 announced and began offering a daily prize of $1,000,000, through Election Day, to one U.S. citizen who is registered to vote in a swing state and who signs America PAC’s petition Continue Reading
FTC Finalizes “Click to Cancel” Rule: Key Compliance Insights for Subscription Businesses
The Bottom Line The Federal Trade Commission (FTC) has long regulated negative options – such as prenotification plans, continuity programs, automatic renewals and free-to-pay conversions – through the Negative Option Rule and strategic enforcement actions. Now, the FTC has concluded a Continue Reading
California’s Enhanced Automatic Renewal Law Is Signed into Law: Key Changes and Compliance Obligations
The Bottom Line On September 24, 2024, California Governor Newsom signed into law Assembly Bill 2863, which strengthens the state’s automatic renewal law – already one of the country’s strictest. Our previous alert the bill was introduced emphasized that companies offering subscriptions Continue Reading
California Passes New Legislation Prohibiting Unauthorized AI Replicas
The Bottom Line California’s 2024 legislative session has resulted in some major new protections against the harmful use of artificial intelligence technologies. While California has no doubt embraced AI technology – launching several AI programs and initiatives to explore how AI can best Continue Reading
Insights from Day 2 of the 2024 NAD Conference: FTC Perspectives, Data-Based Claims, Dark Patterns, and Artificial Intelligence
The Bottom Line The second day of the BBB National Programs’ 2024 National Advertising Division (NAD) annual conference opened with highly notable remarks from FTC Commissioner Holyoak, and closed with an engaging discussion on the responsible use and regulation of artificial intelligence. Continue Reading
Highlights from Day 1 of the 2024 NAD Conference: Key Cases, Claim Substantiation and FTC Priorities
The Bottom Line The first day of the BBB National Programs' 2024 National Advertising Division (NAD) annual conference focused on fundamental legal issues for advertisers, including comparative advertising claims, puffery, environmental marketing, disclosure, and more. Here are some Continue Reading
New Laws Protecting Child Influencers: What Marketers and Influencers Need To Know
The Bottom Line With the start of a new school year, parents and children across the country are purchasing new clothes and school supplies, while marketers and agencies are working hard to develop new “back to school” campaigns to ensure their brands are top of mind for shoppers. Continue Reading
Children’s Privacy Roundup: U.S. vs. TikTok and Federal and State Legislation Updates
The Bottom Line The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have continued their commitment to protecting kids’ and teens’ digital privacy. In 2019, Google and YouTube paid what was then a record fine to the FTC and the New York Attorney General for violating Continue Reading
Not Careful Enough: FTC Settles $8.5 Million Action Against Care.com for Deceptive Marketing Claims and Subscription Traps
The Bottom Line The Federal Trade Commission (FTC) has taken action against Care.com (Care), an online caregiving platform for job posters and job seekers, alleging that the platform used inflated job numbers and unsubstantiated earnings claims to “lure” caregivers onto its platform and that Continue Reading