FTC staff perspectives on lead generation, the (possible) end of federal data privacy class claims, and more in this issue of Advertising Law News & Analysis

4 min


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Venable recently published the expanded and updated fifth edition of its Advertising Law Tool Kit. The Tool Kit is a handy desk reference designed to help in-house counsel and marketers identify and mitigate common advertising law issues. In addition to newly added topic areas, the fifth edition also includes the new "Be Prepared" sections, which provide overviews on how to address Lanham Act litigation, state attorney general inquiries, and Federal Trade Commission (FTC) investigations. The Tool Kit is viewable online and can be downloaded to your computer or mobile device, or printed.

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FTC Provides Staff Perspectives on Lead Generation Practices

The staff of the Federal Trade Commission's (FTC) Bureau of Consumer Protection last week released a much-anticipated paper on lead generation, write Venable partners Ellen T. Berge and Jonathan L. Pompan in a recent post to the firm's advertising law blog.

The 13-page report provides staff perspectives on the information covered at the FTC's October 2015 workshop on lead generation.

Read the blog post to learn which aspects of lead generation are of most concern to FTC staff.

Read the full text of the FTC's Lead Generation paper.

Lack of Concrete Injury Dooms Federal Data Privacy Class Claims

In a boost for consumer-facing businesses in the digital age, the Eighth Circuit Court of Appeals recently affirmed dismissal of class claims alleging violations of a federal data protection statute in Braitberg v. Charter Communications, Inc. The Court found that plaintiff failed to allege facts demonstrating he suffered a real injury, write Venable attorneys Edward P. Boyle and Michael M. Agosta in a recent client alert.

Braitberg is the first published federal appellate decision to apply the U.S. Supreme Court's Spokeo, Inc. v. Robins decision from earlier this year. Spokeo held that Article III of the U.S. Constitution "requires a concrete injury even in the context of a statutory violation," and such requirement is not automatically satisfied where a statute grants a statutory right and authorizes private lawsuits to enforce it. As the Supreme Court explained, a plaintiff cannot "allege a bare procedural violation, divorced from any concrete harm, and satisfy the injury-in-fact requirement of Article III."

When Spokeo was issued, it was hailed by the defense bar as welcome protection against the potential draconian penalty of class-wide damage recoveries for trivial statutory violations. Since then, a number of district courts have applied Spokeo in different contexts, with inconsistent outcomes.

Read the full client alert to learn why Braitberg, as the first federal appellate decision on record, clarifies what a plaintiff needs to do to allege injury, particularly in the context of a data privacy claim.

Upcoming Events:

SupplySide West

October 4-8, 2016 | Las Vegas, NV

Venable will be the Official Legal and Regulatory Partner at this year's SupplySide West Global Expo & Conference. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable's Todd Harrison and Sen. Mark Pryor will participate in a workshop panel on "State Attorneys General: Communication & Mitigation Strategies." Be sure to visit us at our offices directly in front of the SupplySide West registration entrance in the Expo Hall holding area!

Click here to register and to learn more about the conference.


October 5-7, 2016 | Chicago, IL

The Lend360 conference offers the entire spectrum of the online lending industry, including valuable industry information and targeted networking opportunities. Venable associate Alexandra Megaris will be moderating a panel discussion on "The Future of Online Advertising and Marketing for Consumer and Business Lending" on Thursday, October 6, 4:30 - 5:30 p.m. CT.

Click here to register and to learn more about the conference.

ADSUM - Advertiser Summit

December 2-5, 2016 | Aspen, CO

Venable is a proud sponsor of the first ADSUM Advertiser Summit in Aspen, Colorado. ADSUM is a conference dedicated to unifying advertisers and focused on issues unique to online merchants and retailers. Join Venable attorneys Ari N. Rothman and Shahin O. Rothermel, who will present and moderate a panel discussion on "Regulatory Activities, Compliance Best Practices, Offline vs Online Lessons" on Saturday, December 3.

Click here to register and to learn more about the conference.