On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more
10/2/2024
/ Administrative Complaints ,
Artificial Intelligence ,
Business Opportunities ,
Comment Period ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Online Reviews ,
Scams ,
Section 5 ,
Unfair or Deceptive Trade Practices
On today’s episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s newly finalized rule on the use of consumer reviews and testimonials....more
On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more
The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is...more
8/16/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Consumer Protection Laws ,
Disclaimers ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Regulatory Violations ,
Testimonial Statements
On today’s episode of AD Nauseam Amy and Daniel have a special guest – Mary Engle, Executive Vice President, Policy at BBB National Programs and former Associate Director for Advertising Practice at the FTC and they discuss a...more
We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more
8/2/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Chevron Deference ,
COPPA ,
Data Collection ,
Data Selling ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Geolocation ,
Instant Messaging Apps ,
Loper Bright Enterprises v Raimondo ,
Minor Children ,
Minors ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Authority ,
Sensitive Personal Information ,
Statutory Interpretation ,
Surveillance ,
Unfair or Deceptive Trade Practices
On today’s episode of Ad Nauseam, Amy and Daniel talk about the use of demonstrations in ads and how they have been considered by the FTC and NAD....more
It was certainly a memorable final week for the Supreme Court this term. There has been quite a lot to digest, and the impact and implications are broad and significant. But for now, let’s look through a narrow lens and focus...more
7/10/2024
/ AMG Capital Management LLC v FTC ,
Breach Notification Rule ,
Chevron Deference ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation
For those of you enjoying the summer weather and listening to ABBA on repeat (or maybe that’s just me), you might have missed that earlier this month the Federal Trade Commission (FTC) released its Annual Report on Refunds to...more
The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more
6/24/2024
/ China ,
Controlled Foreign Corporations ,
Data Brokers ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Foreign Adversaries ,
FTC Act ,
Iran ,
New Legislation ,
North Korea ,
Online Advertisements ,
Online Platforms ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Russia ,
Sensitive Personal Information ,
Targeted Digital Advertising
On today’s episode of Ad Nauseam Amy and Daniel talk about the FTC’s case against MoviePass and a recent HBO documentary called MoviePass Movie Crash....more
On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more
The Federal Trade Commission (FTC or the Commission) presented its Final Non-Compete Clause Rule (the Final Rule) on April 23, 2024. The Final Rule follows more than 15 months, and 26,000 public comments, after the FTC first...more
4/26/2024
/ Chamber of Commerce ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
On today’s episode of AD Nauseam, Amy and Daniel talk about the FTC’s new imposter rule and why everyone should be paying attention.
Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com....more
Back in February 2023, the FTC announced a federal complaint against a voice over Internet protocol (VoIP) provider that it alleged had delivered tens of millions of debt service calls to consumers nationwide. The FTC also...more
The Federal Trade Commission (FTC or Commission) announced on March 29that it was denying the application for a new mechanism for obtaining verifiable Parental Consent under the Children’s Online Privacy Protection Act...more
The latest public Federal Trade Commission (FTC) meeting focused on two issues – the recent announcement of revisions to the Telemarketing Sales Rule (TSR or Rule) and a discussion of an agency report on supply chain issues...more
Five is the magic number – whether it’s Fifth Harmony or the Jackson 5 or five FTC commissioners. In a surprising development, late on Thursday last week, the Senate confirmed two new Republican commissioners – Melissa...more
Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly.
A recent case from the Federal Trade Commission is an important reminder about the privacy and...more
2/27/2024
/ Advertising ,
Damages ,
Data Collection ,
Data-Sharing ,
Disgorgement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Marketing ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Sensitive Personal Information ,
Software ,
Unfair or Deceptive Trade Practices ,
Web Browsers ,
Web Tracking
On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Nichole talk about AI and why it’s such a broad pressing concern.
Questions & Comments: amudge@bakerlaw.com;...more
Much ink has been spilled over the impact of the Supreme Court’s AMG decision on the Federal Trade Commission (FTC). That decision held that Section 13(b) of the FTC Act did not authorize a federal court to award equitable...more
2/15/2024
/ AMG Capital Management LLC v FTC ,
Civil Monetary Penalty ,
Equitable Relief ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Gramm-Leach-Blilely Act ,
Judge Rakoff ,
Restitution ,
Section 5 ,
Statutory Violations
We love two-parters. Who shot J.R.? Who shot Montgomery Burns? Well, perhaps this one won’t be quite as much fun – but checking in on FTC rulemakings also warrants the two-parter treatment. ...more
2/12/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automatic Renewals ,
Endorsements ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Franchises ,
Funeral Homes ,
Magnuson-Moss Act ,
Online Reviews ,
Proposed Amendments ,
Rulemaking Process ,
Scams ,
Subscription Services ,
Surveillance
On today’s episode of AD Nauseam, Amy and Daniel do a deep dive into the National Advertising Division and talk about strategies to consider when your competitor is engaging in false advertising.
Questions & Comments:...more
Extra, Extra, Read All About It!
We have a major update! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. Overflowing with a dynamic mix of weekly blogs, engaging...more
1/31/2024
/ Advertising ,
Breach of Contract ,
Breach of Duty ,
CARS Rule ,
Christian Louboutin ,
Compliance ,
COPPA ,
Educational Institutions ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Logos ,
Nonprofits ,
Rulemaking Process ,
TCPA ,
Trademark Infringement ,
Trademarks ,
Unfair Competition