Last week, an Eleventh Circuit panel unanimously upheld a federal district court’s summary judgment ruling in favor of the Federal Trade Commission (FTC) concerning advertising and disclosure practices related to a national fuel card program. The decision affirms the FTC’s
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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FCC Delays Revoke All Consent Rule for Robocalls and Text Messages Until 2027
The Federal Communications Commission (FCC) has further extended the effective date of the Revoke All consent rule from April 11, 2026 to January 31, 2027. That rule requires businesses to treat a consumer’s consent revocation request made in response to…
Why New York City’s Consumer Regulator Belongs on National Compliance Radar
New York City’s consumer regulator has long been part of the local compliance backdrop. It now deserves sustained, strategic attention. The appointment of Samuel Levine, formerly the director of the Federal Trade Commission’s Bureau of Consumer Protection (during the…
The FTC Walks Back Its Rytr Enforcement Action, Signaling a Shift in Federal AI Regulation
In a rare course correction, the Federal Trade Commission (FTC) has reopened and vacated its 2024 consent order against Rytr LLC, a generative AI-powered company. The unusual move reflects a significant strategic reset of how federal regulators will approach AI…
FTC Signals Heightened Enforcement of New Consumer Review Rule
The Federal Trade Commission (FTC) issued warning letters to ten companies for alleged deceptive review practices, indicating its intent to step up enforcement of its relatively new Consumer Review Rule (16 C.F.R. Part 465) (“the Rule”).
The warning letters have…
New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation
New York has amended its General Business Law to move beyond a deception-based consumer protection standard and authorize enforcement against unfair and abusive practices, giving the Attorney General materially broader discretion to shape marketplace conduct. The new framework resembles federal…
Industry Groups Urge FTC to Revive Click-to-Cancel Rulemaking on Subscription and Negative Option Plans
Last month, two association groups, the Consumer Federation of America (CFA) and the American Economic Liberties Project (AELP), submitted a Petition for Renewed Click to Cancel Rulemaking attempting to restart the Federal Trade Commission’s (FTC) rulemaking process. The petition asks…
State AGs Increase Scrutiny of Buy Now, Pay Later Providers Amid Consumer Protection Concerns
Earlier this month, attorneys general from seven states launched a coordinated inquiry into the rapidly expanding “buy now, pay later” (BNPL) market. Led by Connecticut and North Carolina, and joined by California, Colorado, Illinois, Minnesota, and Wisconsin, the multistate coalition…
FTC Begins Rulemaking on Unfair Rental Housing Fees After Issuing Warning Letters
This week, the Federal Trade Commission (FTC) Bureau of Consumer Protection issued 13 warning letters to rental housing management software providers focused on the display of the total advertised price of their properties. According to the FTC, the software providers…
State Court Clears Connecticut’s Greenwashing Suit Against Exxon
A Connecticut state court recently denied Exxon Mobile Corp.’s motion to strike the Connecticut attorney general’s lawsuit, allowing all the state’s consumer protection claims regarding Exxon’s alleged greenwashing to proceed.
The lawsuit, originally filed in 2020, alleges that Exxon violated…