Last week another court used McKesson and Loper Bright to limit requirements under the Telephone Consumer Protection Act (TCPA). Following the Fifth Circuit decision we discussed earlier this month, a federal court in Maryland held that the Federal Communications
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.
Latest from All About Advertising Law - Page 5
State AGs Sue OneMain Financial Over Deceptive Loan Add-Ons
Last week, attorneys general from 13 states filed a federal lawsuit in the Southern District of New York against OneMain Financial (OneMain) and affiliated companies, alleging deceptive and unfair practices related to the sale of its loan “add-on” products.
Led…
FTC Warns Auto Dealers: Advertised Vehicle Prices Must Include Mandatory Fees
Last week, the Federal Trade Commission (FTC) announced it is sending warning letters to 97 auto dealership groups nationwide, reminding them that the price they advertise to consumers must reflect the total price consumers will be required to pay for…
FTC Calls for Comments on the Amended Negative Option Rule: A Fast VAST Update
On Wednesday, the Federal Trade Commission (FTC) issued a call for comments in response to its Advance Notice of Proposed Rulemaking Regarding Negative Option Marketing Practices.
The call for comments comes after the Eighth Circuit struck the FTC’s previous amended…
Now Available: Venable’s Advertising Law Tool Kit – 14th Edition
Fifth Circuit Limits TCPA Prior Express Written Consent Requirements
Last week, the Fifth Circuit Court of Appeals held that the Telephone Customer Protection Act (TCPA) permits businesses to obtain only prior express consent rather than prior express written consent for autodialed and prerecorded calls and texts. This holding expressly…
Supreme Court Takes Up VPPA Case With Major Implications for Digital Advertising and Privacy
The Supreme Court has agreed to weigh in on the interpretation of a decades-old federal privacy statute that has found renewed relevance in the modern digital advertising ecosystem. In Salazar v. Paramount Global, the Court will consider the scope of…
New Prize Tax Rules Raise the 1099 Threshold for Sweepstakes and Contests
Among the many changes included in the One Big Beautiful Bill Act (OBBBA) is one relevant to brands and agencies running sweepstakes, contests, and other consumer promotions.
For prizes (such as cash, gift cards, trips, merchandise, and event tickets) awarded…
Texas Attorney General Probes Pesticide Use on “Organic” Produce at Grocery Chains
This month, Texas Attorney General Ken Paxton launched an investigation into major grocery chains’ use of chemical pesticides on produce labeled “organic” by the manufacturer. Paxton’s office expressed concern that the grocery chains may be deceiving consumers who base their purchasing…
FTC Lawsuit Targets JustAnswer for Alleged ROSCA and Subscription Disclosure Violations
Last week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against JustAnswer LLC and its CEO, arising from the company’s subscription program. According to the complaint, JustAnswer operates an online platform that engages “experts” where consumers…
