On May 16, 2023, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced that she shared proposals with her fellow commissioners that would, for the first time, require videoconferencing platforms to comply with accessibility requirements under the Communications Act and agency
Consumer Protection Review
The latest legal updates in marketing, consumer products & consumer protection
Latest from Consumer Protection Review - Page 3
FTC Proposes New Rules for Subscription Services—Public Comments Now Open!
The FTC published the proposed Negative Option Rule (Rule) to the Federal Register on April 24, 2023, with the goal of preventing unfair and deceptive practices related to recurring subscriptions for products and services. The FTC has invited the public…
Another Round of Notice of Penalty Offenses—The FTC Targets Health Claims
Key updates:
- Under its Penalty Offense Authority, the Federal Trade Commission (FTC) warned almost 700 marketers with a Notice of Penalty Offenses (Notice) that certain advertising claims must be proven or substantiated with reliable evidence, especially those related to health
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National Advertising Division Expands Fast-Track SWIFT Process for 2023
Key Update:
- The National Advertising Division (NAD) updated its Fast-Track SWIFT process (Single Well-defined Issue Fast Track) to accommodate “implied” claims as long as they are clear cut and involve a single issue.
- In 2020, the NAD launched its Fast-Track
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FTC To Hold Workshop on “Recyclable” Claims as Part of Continuing Green Guides Review
As part of its assessment of the Guidelines for the Use of Environmental Marketing Claims (Green Guides), the Federal Trade Commission (FTC) will hold a workshop on May 23, 2023, to consider “recyclable” advertising claims and issues related to environmental…
FTC Proposes Rulemaking for Recurring Subscription Programs
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would have a sweeping effect on recurring subscriptions, requiring—similarly to…
Supreme Court Grants Certiorari To Determine Viability of ADA Tester Standing
On March 27, 2023, the U.S. Supreme Court granted certiorari in a case concerning a plaintiff’s standing to bring an Americans with Disabilities Act (ADA) suit against a hotel where the plaintiff lacked any intention of ever visiting the hotel.…
FTC Settlement With NutraClick Reimburses Customers Nearly $1 Million for Recurring Subscription Practices
Key Update:
- The Federal Trade Commission (FTC) has used a $1 million settlement with NutraClick to reimburse customers who allegedly believed they were receiving free products but were actually enrolled in an unwanted monthly subscription program.
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FTC Issues Updated Guidance for Advertising Health Products
The Federal Trade Commission (FTC) recently issued Health Products Compliance Guidance (the Health Guides). The Health Guides replace prior FTC guidance issued in 1998 that largely focused on dietary supplements. The new guidance addresses advertising practices for a broader range…
FTC Targets Lasik Eye Correction Promotional Pricing With $1.25 Million Settlement Order
Key Updates:
- LCA-Vision, d/b/a LasikPlus and Joffe Medicenter, has agreed to pay $1.25 million to settle the Federal Trade Commission’s (FTC) allegations that it misrepresented the price of eye surgery to entice prospective customers.
- According to the FTC’s allegations, only
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