The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more
Kilpatrick partners Michele Floyd and Evan Nadel recently presented a webinar to the Association of Corporate Counsel’s Georgia Chapter on the topic of “Marketing and Advertising in California: Compliance with the 'Honest...more
In October 2023, California passed SB 478, an amendment to the Consumers Legal Remedies Act (CLRA), known as the “Honest Pricing Law” or “Hidden Fees” statute. SB 478 is a broad “all-in” price transparency law that impacts...more
On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more
A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more
On July 1, California Senate Bill 478 (SB 478) will take effect. Enacted to augment the Consumer Legal Remedies Act’s ban on certain deceptive advertising practices, this measure seeks to address the growing prevalence of...more
California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate...more
Our Class Action and State & Local Tax teams answer the questions California’s SB 478 raises about how sellers can present prices to consumers. Advertising, displaying, or offering a price that does not include all...more
After months of stress due to ambiguities in California’s “Hidden Fees Statute,” colloquially known as the “Junk Fee Ban,” it seems the collective outcry from the hospitality industry has finally been heard. Yesterday,...more
It seems it’s not only the Biden administration that believes regulating “junk fees” is popular with voters. Minnesota joins California as states that have passed their own junk fee legislation. And given the number of other...more
We have previously warned you about the new California law (AB 488) concerning registration for many types of online cause marketing programs. On March 26, 2024, CA finally issued final regulations to its AB 488...more
Our special guest is Malini Mithal, Associate Director of the FTC’s Division of Financial Practices. In this episode, which repurposes a recent webinar, we review highlights of FTC regulatory and enforcement activity in 2023...more
The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments...more
On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more
Everyone hates “junk fees.” Just the name suggests that the junk fee refers to surprise, unnecessary charges, tacked onto advertised prices in a manner that is deceptive or unfair. The Biden Administration has announced a...more
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
The Federal Trade Commission (FTC) and the state of Connecticut recently alleged that Manchester City Nissan engaged in deceptive and unfair practices by adding illegal junk fees to the cost of cars. Although not the battle...more
Junk fees and dark patterns are very much on the FTC’s mind these days, and they are very intertwined. To some degree, the concern over junk fees reflects a concern over a more traditional type of dark pattern – for example,...more
The Federal Trade Commission (FTC or the Commission) had a busy December. While many of us were winding down for the holidays, the FTC finalized a new rule, requested comments on a new proposed rule and extended the comment...more
A recent OCC report identified key issues facing the federal banking system, including increasing credit risk due to higher interest rates, increasing risk in commercial real estate lending, prolonged inflation, declining...more
If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more
Back in June, we mentioned how politicians were hopping on the Joe Biden bandwagon when it came to a pre-2016 political throwback issue: junk fees. Biden highlighted it in his State of The Union address in February, and...more
After more than a year of review, the Federal Trade Commission (FTC) on December 12, 2023 launched its much-anticipated final rule targeting misleading advertising and sales tactics by new car dealers. First proposed in the...more
This fall, on October 27, 2023, the Quebec National Assembly passed the An Act to Amend Various Provisions for the Main Purpose of Reducing Regulatory and Administrative Burden. With this Act, the Quebec government aims,...more
On November 30, Massachusetts Attorney General Andrea Campbell (the “AGO”) unveiled a new proposed rule regulating “junk fees” and consumer subscriptions (the “Proposed Rule”). The Proposed Rule in large part mimics, and in...more