Listen to Episode 7 of Venable's Ad Law Tool Kit Show – "Payment Processing"
For retailers a key, back-end function you can't do without is a solid merchant processing relationship to acceptance of payments. Robust merchant processing includes credit/debit card, ACH networks, and auxiliary services like analytics, dispute resolution, and security tools. Given the complex payments ecosystem involving various stakeholders, host Len Gordon and his guests, Venable partners Ellen Berge and Andrew Bigart, walk through the importance for merchants to understand the intricacies of compliance, risk management, security, and fraud prevention.
Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics listed below.
FTC Piles on Additional Recordkeeping Requirements and Business-to-Business Protections
The Rule-A-Palooza continues at the FTC. On March 7, 2024, the Federal Trade Commission (FTC) released a Final Rule that updates the recordkeeping requirements under the Telemarketing Sales Rule (TSR). The Final Rule requires telemarketers and sellers to maintain additional records relating to their telemarketing transactions. The FTC also extended the period for which all records must be kept—now five years instead of two. The Final Rule also extended the prohibition of material misrepresentations and false or misleading statements in business-to-business (B2B) calls.
In "Made in America" Case NAD Finds That Advertisers Should Not Rely on Disclosures to Cure a False or Misleading Claim
The National Advertising Division of BBB National Programs (NAD) recommended last month that Stihl Incorporated USA (Stihl), a manufacturer of equipment and tools, discontinue or modify its unqualified "Made in America" claims. Modified claims would need to make clear that "not all (or virtually all) of its products are made in the United States and that not all (or virtually all) of the parts of those products are from the United States," according to the recommendations.
Why the CFPB's Preferencing and Steering Practices Circular Should Scare Lead Generators and Consumer Financial Services Providers
If you've been focused on only the high-level statements from the CFPB, you might already expect Rohit Chopra to fashion himself and the agency as "pro-consumer." Consistent with that approach, the agency just signaled its distaste for, and desire to severely restrict, the common and useful advertising practices of comparison-shopping platforms and lead generation.