In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how...more
In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading...more
Our texts exploded on the afternoon of March 18 when we learned that the president had fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya....more
Just prior to the Federal Trade Commission’s (FTC or Commission) publication of its Click-to-Cancel Rule (the Rule) – which we wrote about in depth here – in the Federal Register, several trade associations filed petitions...more
3/19/2025
/ Administrative Procedure Act ,
Congressional Review Act ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Pending Litigation ,
Statutory Authority ,
Subscription Services ,
Trade Associations ,
Unfair or Deceptive Trade Practices
On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads...more
Andrew Ferguson took over as FTC Chairman on Jan. 21. Nearly two months in, and Chairman Ferguson’s FTC is slowly taking shape. Consumer protection complaints have begun to be filed (although of course these matters were in...more
On today’s episode of AD Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising....more
There are generally two paths that the Federal Trade Commission (FTC) takes for rulemaking. First, there may be a specific statute that gives the FTC specific rulemaking authority, such as the Children’s Online Privacy...more
After a very long process, the Federal Trade Commission (FTC or Commission) announced the finalized updates to the Children’s Online Privacy Protection Act (COPPA) Rule. COPPA was last updated nearly 12 years ago, and much...more
2/6/2025
/ Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Targeted Digital Advertising
On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the final week of Lina Khan’s role as chair of the Federal Trade Commission....more
“Junk fees” were a popular topic at the Federal Trade Commission (FTC) in 2024 – but now that the dust has settled (at least for now), let’s take a closer look at how the FTC is using its authority to tackle these practices....more
Check your spam filters, as it is quite possible that they may have filtered out some Federal Trade Commission (FTC or the Commission) emails last week because of the literal deluge of emails spewing forth from the agency....more
On Jan. 3, the Federal Trade Commission (FTC) announced a settlement with software provider accessiBe. At first, accessiBe seems to be a simple, routine FTC case following the traditional formula: Advertising + False Promises...more
On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC’s new Junk Fees Rule....more
On Jan. 14, Lina Khan chaired what was likely the final open commission meeting of her time as chair of the Federal Trade Commission (FTC) and perhaps the final open commission meeting for the foreseeable future....more
As we anticipate the forthcoming changes at the FTC and what enforcement will look like, one area that is often overlooked is the award of civil penalties in FTC cases....more
Well, the holidays and big holiday shopping season are behind us, but now we have all of the January clearance sales and upcoming Valentine’s Day shopping. American consumerism rarely takes a rest....more
Never say never, but we are fairly confident that the newly announced Junk Fee Rule (Rule) will be the final final rule issued while Chair Khan is at the helm of the Federal Trade Commission (FTC). ...more
On today’s episode of AD Nauseam Amy and Daniel talk about the new FTC Negative Option Rule....more
Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...more
On today’s episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025....more
In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more
11/15/2024
/ Antitrust Provisions ,
Antitrust Violations ,
Big Tech ,
Department of Justice (DOJ) ,
Election Results ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Regulatory Agenda ,
Required Forms ,
State Attorneys General ,
Trump Administration
Historically, changes in administrations did not lead to major changes at the Federal Trade Commission (FTC). There were some adjustments around the edges, but the agency mostly operated on a bipartisan basis....more
On today’s episode of Ad Nauseam Amy and Daniel talk about some advertising cases relating to food marketing, including some oldies but goodies....more
We’re back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023.
This episode dives deeper into the recent FTC privacy developments...more