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NY Passes Law Governing Automatic Renewals

By Gonzalo E. Mon

November 30, 2020

In recent years, a number of states have passed laws governing automatic renewals. New York is the latest state to jump on this trend. Its current law only applies to certain contracts “for service, maintenance, or repair to or for any real or personal property.” The new law, which will become effective in February 2021, applies more broadly to any automatically renewing “subscription” or “purchasing agreement,” as those terms are defined by the statute. Under…

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NAD Considers Meaning of “Best Possible” Claims

By Gonzalo E. Mon

November 29, 2020

Comcast recently challenged a number of claims that AT&T made about its Wi-Fi services in two blog posts on the AT&T website. The posts claimed that the company provided the “best possible Wi-Fi experience,” the “best possible in-home connections,” and the “best possible home internet experience.” Comcast argued that consumers would read the posts to suggest that AT&T’s Wi-Fi was superior to competing services and that AT&T couldn’t support these claims. AT&T disagreed about how…

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Supreme Court Sets Oral Argument in AMG Capital Management

By John E. Villafranco & Bez Stern

November 25, 2020

This morning, the Supreme Court released its calendar for its January 2021 oral arguments. AMG Capital Management, LLC v. FTC is on the docket. Oral argument in AMG has been scheduled for January 13, 2020. As we’ve noted in prior posts, the High Court in AMG will review the question of whether or not Section 13(b) of the FTC Act authorizes the FTC to seek monetary relief from the individuals and entities it pursues…

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Off Giving Thanks

By Jeff Scurry

November 24, 2020

Barring an advertising or privacy law emergency, like you, we’ll be taking the next few days off to give thanks and spend time with family. Next week, please join us for: Made in USA claims – navigating FTC’s ‘all or virtually all’ standard WebinarConsumers continue to demand goods manufactured in the United States and will pay a premium for such products. At the same time, the Federal Trade Commission (FTC) continues its high-profile focus on…

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Anxiety Can’t Overcome Mandatory Face Mask Policy

By Jaclyn Metzinger & Lauren Margolies

November 20, 2020

Face covering and mask policies have caused unrest and inconvenience for many in-person shoppers since the beginning of the COVID-19 pandemic, and continue to provoke controversy. Some individuals believe that these policies infringe on their constitutional rights, while others allege such policies violate the American with Disabilities Act as applied to individuals who are unable to comply with these policies due to a variety of health conditions or disabilities. In a recent decision, a Pennsylvania…

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Peloton Faces Uphill Ride on “Ever-Growing” Claims

By Gonzalo E. Mon

November 19, 2020

Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true when the company first made the claim, things changed. In response to a lawsuit related to the music used in some classes, Peloton cut more than half of its content in 2019. Soon after, plaintiffs filed a class action lawsuit against…

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Zoom Agrees to Settle FTC’s Data Security Charges

By Aaron Burstein & Lauren Myers

November 10, 2020

Seven months after being called upon by members of Congress to investigate Zoom’s data security practices, a divided FTC announced on November 9 a settlement with the videoconferencing platform. The FTC’s five-count administrative complaint alleges that Zoom deceived users about several of its security features and harmed users by circumventing security and privacy controls provided by their operating systems and browsers. The proposed consent order requires Zoom to make changes to its data security practices,…

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Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?

By John E. Villafranco & Bez Stern

November 9, 2020

This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice Barrett did not take part in the decision to vacate the grant of certiorari. None of the remaining Justices dissented from the order. As we explained in a prior post, in Credit Bureau, the Seventh Circuit reversed its prior precedent,…

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What Happens to the FTC Under a Biden-Harris Administration?

By John E. Villafranco, Aaron Burstein & Lauren Myers

November 9, 2020

Now that Joe Biden has been declared the winner of this year’s presidential election, many practitioners are beginning to turn their focus to how a Biden Administration will reshape federal agencies. This post takes a look at changes that may be in store for the FTC. For much of the past few years, the FTC has been at the center of vigorous debates about the exercise of its competition and consumer protection authority, with…

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It’s Here: California Voters Approve the CPRA

By Alysa Zeltzer Hutnik & Aaron Burstein

November 4, 2020

On Tuesday, November 3, 2020, California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental to commercial relationships under the CCPA (e.g., the definition of “sale” and “service provider”), CPRA provides additional consumer rights, incorporates…

Ad Law Access

Updates on Advertising and Privacy Law Trends, Issues, and Developments

Blog Authors

NY Passes Law Governing Automatic Renewals

NAD Considers Meaning of “Best Possible” Claims

Supreme Court Sets Oral Argument in AMG Capital Management

Off Giving Thanks

Anxiety Can’t Overcome Mandatory Face Mask Policy

Peloton Faces Uphill Ride on “Ever-Growing” Claims

Zoom Agrees to Settle FTC’s Data Security Charges

Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?

What Happens to the FTC Under a Biden-Harris Administration?

It’s Here: California Voters Approve the CPRA

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