We’ve all had that moment when we see an ad on social media for a product we were just talking to a friend about. Cox Media Group wanted its customers to believe it was behind this eerily too common phenomenon,
All About Advertising Law
Regulatory and Litigation Developments for Advertisers and Marketers
The All About Advertising Law blog, published by Venable LLP, focuses on legal developments and regulatory issues related to advertising practices. It covers topics such as Federal Trade Commission (FTC) rulemaking and enforcement actions, consumer protection laws, subscription and negative option plans, price transparency, green marketing and environmental claims, multilevel marketing and pyramid schemes, and state and federal litigation involving advertising and marketing practices. The blog also addresses emerging issues like buy now, pay later (BNPL) regulations and the intersection of advertising law with technology and data privacy. It provides updates on relevant court decisions, regulatory trends, and compliance strategies for businesses.
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Inside the Ad Law Tool Kit: Telemarketing and Texting
Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire …
Skill-Based Gaming Companies Face Growing False Advertising Scrutiny
Last month, a jury found mobile gaming company Papaya Gaming Ltd. liable for false advertising for $420 million in actual damages under the federal Lanham Act and New York State law. Papaya competitor Skillz Platform Inc. had alleged that Papaya…
Event in Review | Ad Agency Contracts: Key Negotiating Points, Leverage, and Getting to Win-Win
Advertising agency agreements require careful balancing of legal risk, commercial realities, and long-term working relationships. In a recent webinar, Venable partner Barry M. Benjamin discussed how brands and agencies can structure agreements that support collaboration while addressing the unique issues…
Shutterstock Settles with FTC for $35 Million for Subscription and Negative Option Marketing Practices
Continuing with its aggressive enforcement of negative option marketing, the Federal Trade Commission (FTC) announced a $35 million settlement with online digital photo and video platform Shutterstock to resolve allegations that Shutterstock violated Section 5 of the FTC Act and…
FTC and State AGs Target Reviews and Deceptive Business Listings in Home Services
Last week, the U.S. Department of Justice (DOJ), on behalf of the Federal Trade Commission (FTC), and the Illinois attorney general filed a federal lawsuit in the Northern District of Illinois against Premium Home Service (PHS) and its owner. The…
Inside the Ad Law Tool Kit: Fee Disclosures
Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire Tool…
Online Retailers Face Rising Risk from Strike-Through Pricing Claims
A recent review of civil filings in Washington, DC reveals a conspicuous pattern challenging strike-through pricing: a single nonprofit plaintiff, represented by a small group of attorneys, has filed more than 150 lawsuits against online retailers across the country—many of…
U.S. vs. UK Contract Law in Advertising Agency Agreements Explained
Negotiating a cross-border, U.S./U.K. advertising agency services agreement adds some additional wrinkles to the already well-wrinkled list of considerations for every ad agency contract. Obviously, extra consideration must be paid to things like privacy and data security, but more prosaic…
New York City Proposes Strict Click-to-Cancel Subscription Requirements
New York City is poised to strengthen local enforcement of autorenewal and subscription programs, largely mirroring and operationalizing requirements already imposed under New York’s autorenewal law.
On April 8, the New York City Department of Consumer and Worker Protection (DCWP),…