On February 25, 2026, the Department of Labor (DOL) released proposed regulations that would amend the rules for electronic delivery of employee benefit plan disclosures, as required by SECURE 2.0. These proposals aim to harmonize the DOL’s electronic disclosure safe
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Courts in Eleventh Circuit Find No Private Right of Action Under 227(c) for Texts
District courts in the Eleventh Circuit are increasingly finding that the private right of action for violation of the TCPA’s Do-Not-Call provisions does not apply to text messages. More recently, three judges in that Circuit dismissed claims under 47 U.S.C.…
Advertising Alert: Use Caution When Advertising Your Product’s Artificial Intelligence (AI) Features
Artificial Intelligence (AI) is rapidly developing, and marketers are eager to tout the benefits of new AI features incorporated into their products. But as advertising of new AI features becomes more common, legal scrutiny around the substantiation and privacy implications…
Key Developments in Mexico: Updates to the Workweek and Overtime
On March 3, 2026, Mexico published a decree reforming its constitution to gradually reduce the workweek from 48 hours to 40 hours. The reform seeks to reduce employee fatigue and occupational accidents by increasing rest time. As of January 1,…
Fifth Circuit Find’s FCC’s “Prior Express Written Consent” Rule Exceeded Its Statutory Authority
The Fifth Circuit has rejected the FCC rule that has imposed a heightened “prior express written consent” requirement—a requirement found nowhere in the TCPA’s plain language—for more than a decade. See Bradford v. Sovereign Pest Control of Texas, Inc., No.…
Advertising Alert: Remember What It Takes to be “Number One”
Claiming that your product is “#1” in its category can be highly impactful, but as illustrated by the National Advertising Division (NAD) Case #7544, it can also lead to competitor or regulatory challenges when not properly supported. In Case #7544,…
TCPA Case Tossed Because Defendant’s Unequivocal Records Trumped Plaintiff’s Equivocal Recollection
A Texas district court entered summary judgment against a plaintiff who had brought TCPA claims against a debt collector, finding no genuine issue of fact because the plaintiff’s recollection was equivocal and the defendant’s records were not. The case is…
DOL Proposes New PBM Fee Disclosure Rules
On January 30, 2026, the Department of Labor (DOL) published proposed regulations that would require pharmacy benefit managers (PBMs) to disclose direct and indirect compensation that PBMs (and their affiliates, agents, and subcontractors) receive in connection with providing pharmacy benefit…
Advertising Alert: Saying Your Product is “Made in USA”? Remember Your Advertising Obligations
As the United States approaches its 250th anniversary in 2026, the “Made in USA” label holds more significance than ever. Consumers increasingly look for domestic products, associating them with quality, reliability, and support for local jobs. Yet, as a recent…
Welcome to our Advertising Alert Series
Welcome to our new Advertising Alert Series, where we will use recent National Advertising Division (NAD) decisions as real-world examples to examine various ad law principles. To set the stage for our forthcoming blogs, it is helpful to provide some…