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Latest from All About Advertising Law

All About Advertising Law

You Asked. We Answered.

By D. Reed Freeman Jr., Leonard L. Gordon & Shahin O. Rothermel

May 3, 2021

Spring 2021 Edition: Not a Symposium, but a Virtual Ad Law CLE Bonanza In a recent series of webinars, members of Venable’s advertising law practice, Reed Freeman, Len Gordon, and Shahin Rothermel, along with some leading industry figures, explored and addressed key issues of concern to companies in the advertising space. Our attorneys along with Panelists Mary Engle and Laura Brett from BBB National Programs, which administers the National Advertising Division (NAD),…

All About Advertising Law

FTC Holds Workshop on “Dark Patterns” and Seeks Public Comments

By Leonard L. Gordon, Shahin O. Rothermel & Megan K. Hynes

May 3, 2021

On April 29, 2021, the Federal Trade Commission (“FTC”) held a virtual workshop, Bringing Dark Patterns to Light, which discussed the use of “dark patterns,” how they impact consumers, and ways the FTC can combat these methods. What are dark patterns? The FTC has defined “dark patterns” as website design features or interfaces which are used to deceive, steer, and manipulate users into behavior that is profitable for the website owner but detrimental to consumers.…

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Disgorgement [Supremely] Denied: Supreme Court Unanimously Curtails the FTC’s Authority in AMG Capital Management v. FTC

By Leonard L. Gordon, Mary M. Gardner, Michael A. Munoz & Joshua Nace

April 22, 2021

Earlier today, the United States Supreme Court issued a unanimous opinion in AMG Capital Management v. Federal Trade Commission, holding that Congress, by enacting Section 13(b) of the Federal Trade Commission Act, did not grant the Commission authority to obtain equitable monetary relief when it proceeds in federal district courts under that section. Specifically, Section 13(b) of the Federal Trade Commission Act gives the Commission authority to bring suit in federal district court against those…

All About Advertising Law

The Uncertainty Continues: Compromised Section 13(b) Authority, COVID-19 Scams, and the FTC’s Plans for Consumer Protection

By Leonard L. Gordon & Nikita Bhojani

April 21, 2021

On April 20, 2021, Acting Chairwoman Rebecca Kelly Slaughter and Commissioners Rohit Chopra, Noah Phillips, and Christine Wilson testified before the Senate Committee on Commerce, Science, and Transportation and provided an overview of the FTC’s consumer protection priorities. In addition, the hearing addressed the Commission’s imperiled consumer redress authority under Section 13(b) of the FTC Act and the agency’s continuous efforts to combat COVID-19-related scams. As we have previously written, the Supreme Court is…

All About Advertising Law

FTC Files First Action Under COVID-19 Consumer Protection Act

By Leonard L. Gordon & Katelyn J. Patton

April 20, 2021

The FTC has filed its first lawsuit under the COVID-19 Consumer Protection Act, charging St. Louis-based chiropractor Eric Anthony Nepute and his company, Quickwork LLC, with violating the Act by deceptively marketing nutritional supplements as scientifically proven to treat or prevent COVID-19. According to the FTC, despite its May 2020 warning letter to Nepute regarding unsubstantiated COVID-19 efficacy claims he made in connection with other products, the defendants continued marketing their vitamin and mineral products—namely,…

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Message Received: Supreme Court Narrowly Construes Autodialer Definition

By Daniel S. Blynn, Stephen R. Freeland & Michael A. Munoz

April 2, 2021

Yesterday, the Supreme Court issued a 9-0 unanimous decision authored by Justice Sotomayor (with Justice Alito writing a concurring opinion) in Facebook, Inc. v. Duguid, resolving the circuit split on what constitutes a prohibited “automatic telephone dialing system” (more often referred to as an “autodialer” or “ATDS”) and adopting a narrow definition of ATDS. Yesterday’s ruling likely provides welcome relief to those subject to the TCPA—at least for the time being. More on that below.…

All About Advertising Law

FTC Settlement Leads to a 24/7 Shutdown of a Mobile Banking App

By Leonard L. Gordon, Mary M. Gardner & Nikita Bhojani

March 31, 2021

On March 29, 2021, the FTC announced a settlement with Beam Financial Inc. (Beam) and its founder and CEO, Yinan Du, over allegations that the mobile banking app company deceived consumers about their access to funds and interest rates. The settlement included a far-reaching conduct ban. As the non-bank financial services continue to grow, the action and settlement underscore the role the FTC seeks to play in policing that sector. By way of background, on…

All About Advertising Law

Setting Some Ground Rules: Commissioner Nominee and a New Working Group May Steer the FTC Down a New (Actually an Old) Road

By Leonard L. Gordon, Michael A. Munoz & Nikita Bhojani

March 26, 2021

For those who follow the Federal Trade Commission and are anxiously awaiting the Supreme Court’s decision in AMG Capital Management v. FTC, several recent developments at the Commission may foreshadow the enforcement road that lies ahead. In many ways, the future may look a lot like the past, especially the 1960s and 1970s, when the FTC pumped out rules regulating many aspects of economic activity, including frosted cocktail glasses. First, earlier this month, President…

All About Advertising Law

Mona Lisa or Dog Doo? Humor Avoids Trademark Liability

By Martin L. Saad & Holly Gordon

March 26, 2021

Trademark holders face a common dilemma in deciding whether and how to respond when their marks are used for comic effect, particularly when the humor is done at their expense for another’s commercial gain. Instinctively, trademark holders want to protect their marks, often with an aggressive legal response. But that approach is not always wise and is now less likely to succeed, at least in one appellate Circuit, following a recent case involving the well-known…

All About Advertising Law

Automatic Renewal Programs: Latest Updates

By Ellen T. Berge, Ari N. Rothman & Shahin O. Rothermel

March 10, 2021

The laws and regulations surrounding subscription-based offers continue to change on a regular basis. Federal and state regulators and private plaintiffs continue to lodge challenges against companies selling products and services on a recurring basis. Moreover, new cases and law enforcement activity offer evolving interpretations on how to comply. Given the substantial developments, companies offering products or services on an automatically renewing basis should take heed. The primary federal regulator of autorenewal programs, the Federal…

All About Advertising Law

Regulatory and Litigation Developments for Advertisers and Marketers

Blog Authors

You Asked. We Answered.

FTC Holds Workshop on “Dark Patterns” and Seeks Public Comments

Disgorgement [Supremely] Denied: Supreme Court Unanimously Curtails the FTC’s Authority in AMG Capital Management v. FTC

The Uncertainty Continues: Compromised Section 13(b) Authority, COVID-19 Scams, and the FTC’s Plans for Consumer Protection

FTC Files First Action Under COVID-19 Consumer Protection Act

Message Received: Supreme Court Narrowly Construes Autodialer Definition

FTC Settlement Leads to a 24/7 Shutdown of a Mobile Banking App

Setting Some Ground Rules: Commissioner Nominee and a New Working Group May Steer the FTC Down a New (Actually an Old) Road

Mona Lisa or Dog Doo? Humor Avoids Trademark Liability

Automatic Renewal Programs: Latest Updates

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