Key Takeaways:
- On April 12, 2022, the Federal Trade Commission (FTC) used its authority under the new Made in USA Labeling Rule to bring a complaint against a battery seller for allegedly misrepresenting that its lithium ion cells were made
Latest from Consumer Protection Review
The Ninth Circuit Addresses Website Design for Enforceable Terms of Service
Many companies use browsewrap or related sign-in agreements to present their terms of service for consumer acceptance. On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms of service presented on
Justice Department Issues ADA Web Accessibility Guidance
On March 18, 2022, the U.S. Department of Justice (DOJ) issued new guidance (Web Accessibility Guidance) advising state and local governments and businesses open to the public on how to make their websites accessible to people with disabilities, based on
FTC Guidance for Platforms and Marketers Utilizing Online Customer Reviews
Key Takeaways:
- The Federal Trade Commission (FTC) issued two new guides for platforms and marketers to help ensure transparency in online reviews and address soliciting, moderating, and reporting reviews, and the use of third-party “reputation boosting” services.
- The FTC has
FTC Enforcement Hot Topics
Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law. They focus on
Eleventh Circuit Denies Rehearing in ADA Website Accessibility Case
Key updates:
- The U.S. Court of Appeals for the Eleventh Circuit has declined to reconsider its decision to vacate the trial court’s judgment in Gil v. Winn-Dixie Stores, Inc., ending litigation on one of the most significant website accessibility cases
Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden Administration
In November and December 2021, the U.S. Department of Justice entered into settlement agreements with two private companies and one public entity addressing website accessibility, signaling increased enforcement activity in this area. This update provides more information about the settlement
Eleventh Circuit Vacates Ruling That Websites Are Not Public Accommodations Under the ADA
Key Takeaways:
- The U.S. Court of Appeals for the Eleventh Circuit recently vacated its April 2021 opinion holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA).
- Prior to this
Updated CARU Children’s Advertising Guidelines Take Effect
The new Self-Regulatory Guidelines for Children’s Advertising (the Guidelines) issued by the Children’s Advertising Review Unit (CARU) went into effect on January 1, 2022. The Guidelines apply to advertising that is primarily directed at children under the age of 13
New State Automatic Renewal Laws Take Effect
New or updated auto-renewal laws have taken effect in Colorado, Delaware, and Illinois. Key takeaways for brands offering recurring subscription programs follow: