The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line In less than a decade, marijuana has gone from illegal to legal in a plurality of states, and the push for legalization is only strengthening.Although opportunities abound for the marketing industry in the marijuana industry, there are still legal risks to manage. Agencies Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS’s newly published guidelines for advertisers is now readily available and advertisers should take it into consideration when developing advertising.Submitting advertising for network clearance is the best way to ensure that advertising will be accepted by each Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The Court’s narrowing of the autodialer definition will provide flexibility to marketers using systems that do not have the capacity for random or sequential number generation, like those that dial from stored lists. It is likely to significantly reduce the number of class actions Continue Reading
Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law
The Bottom Line The New York Automatic Renewal Law (ARL) has arrived, and it covers B2C subscription contracts.Marketers offering New York consumers goods or services on a subscription or automatic renewal basis should review their negative option/auto-renewal program practices to ensure Continue Reading
Four More States Give the Green Light to Legalize Recreational Marijuana
The Bottom Line The growing number of states that have legalized recreational marijuana has created opportunities for new businesses, and as a result, advertising agencies, media agencies and publishers. The expansion of legalized recreational marijuana to four additional states will only serve to Continue Reading
FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement
The Bottom Line The FTC has made it clear that it will not tolerate deceptive negative option and billing practices and will enforce heavy penalties on companies that do not comply with the law.Marketing practices for online subscriptions services need to be transparent and truthful. Consumers must Continue Reading
A Banner Year for Online Political Ads in a Socially-Distanced Reality
The Bottom Line Although the future of some state laws governing online political advertising is uncertain, at this time, many states still have laws governing online political advertising in effect, and state attorneys general are eager to enforce these regulations. In addition, the DAA has Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line The Supreme Court’s upcoming decision will likely resolve a longstanding circuit split on what constitutes an automatic dialer under the TCPA.If the Court adopts Facebook’s narrower view, its decision could significantly reduce the number of TCPA class action suits filed going Continue Reading
FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices
The Bottom Line Retailers should ensure that they are transparent about the availability of their inventory and shipping timeframes. Failing to communicate with consumers (or worse, communicating deceptive promises) can result in significant liability under the FTC Act and the Mail Order Continue Reading