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
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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:
Ad Law Resolutions for 2022
‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways.
FTC Issues Enforcement Statement on Recurring Subscription Programs and Dark Patterns
Key Takeaways:
- The FTC’s new Enforcement Policy Statement provides a roadmap for how the FTC may enforce against allegedly unfair and deceptive practices related to automatically recurring subscriptions.
- The Enforcement Policy Statement may indicate a more aggressive approach by the
Gender-based Pricing
Jason Howell and Amanda Beane team up with Mark Richardson from Target Corporation to discuss the New York state Pink Tax law and its application to retailers and brands. Jason, Amanda, and Mark also discuss best practices for in-house counsel,
Advertising Disputes—An Alternative to Litigation
For 50 years, the National Advertising Division (NAD) has been at the forefront of monitoring national advertising, enforcing high standards of truth and accuracy, and resolving advertising disputes (typically between competitors) to build consumer trust and support fair and truthful
California Passes Updated Automatic Renewal Law
Key Takeaways:
- On October 4, 2021, California passed an amended automatic renewal law that will require businesses to follow stricter cancellation and notice requirements for subscription-based products and services.
- The updated law goes into effect on July 1, 2022.
FTC Issues Notice of Penalty Offenses Warning Companies to Comply with Endorsement Requirements
Key Takeaways:
- FTC sends Notice of Penalty Offenses to advertisers warning that unfair and deceptive acts and practices related to endorsements could trigger penalties of up to $43,792 per violation.
- Advertisers should review and refresh their policies, trainings, and compliance