Consumer Protection Review, published by Perkins Coie LLP, focuses on legal developments and regulatory trends affecting consumer protection law. The blog covers topics such as advertising and marketing compliance, deceptive and unfair trade practices, privacy and data security issues, product safety and liability, consumer fraud enforcement, and regulatory actions by agencies like the FTC and FDA. It also addresses emerging issues including AI in advertising, junk fees legislation, and protections for vulnerable populations such as children in digital marketing. The blog provides updates on state and federal laws, enforcement guidance, and compliance strategies relevant to businesses and legal practitioners in the consumer protection space.
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Jason Howell and Amanda Beane discuss the basics of “was/now” pricing, discounts off of list and MSRP prices, and free offers. Listen here.
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The Second Circuit recently affirmed a district court decision denying enforcement of an arbitration clause because it found that Subway’s website was “cluttered” and that the terms and conditions were not clear and conspicuous. The decision emphasizes that terms…
On June 25, 2020, the Federal Trade Commission (FTC) announced a $22 million settlement with the marketers of a low-level light therapy device called Willow Curve to enjoin them from making unsubstantiated and deceptive claims about the device’s ability to…
Jason Howell and Amanda Beane discuss green advertising, marketing, and sustainability issues, and how to navigate related pitfalls. Listen here.
While regulator actions related to the COVID-19 pandemic have understandably received the bulk of consumer protection headlines in recent months, influencer marketing remains a hot topic for the Federal Trade Commission (FTC) and National Advertising Division (NAD). As we continue…
On July 9, 2020, the U.S. Supreme Court granted certiorari in two cases to review whether the FTC has authority to seek restitution under Section 13(b) of the FTC Act. Section 13(b) provides that the FTC “may seek, and after…
The co-chairs of Perkins Coie’s Advertising, Marketing & Promotions (AMP) group are excited to launch their podcast titled The AMP Moment. Meant to be easily digestible for busy in-house marketing and litigation counsel, the podcast focuses on where advertising, marketing,…
As part of its routine monitoring program, the National Advertising Division (NAD) recently announced several decisions involving social media posts that advertised products as having health benefits that could help protect against COVID-19. The NAD’s inquiries are consistent with similar…
