TCTP text messaging rules, understanding clickwrap agreements, and more in this issue of Advertising Law News & Analysis

3 min


Are Your Claims as Smart as You Think They Are?

For years, the Federal Trade Commission (FTC) has attempted to rein in what it sees as unsubstantiated cognitive improvement claims, writes Venable partner Leonard Gordon in the December edition of Response magazine. Such claims have also been of great interest to the states, although those enforcement efforts have garnered less attention. However, the recent opinion resolving the Washington State Attorney General's deceptive advertising allegations against the makers of 5-Hour ENERGY® shines a light both on state enforcement of cognitive performance claims and…

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FCC Posts Shares Guidance on TCPA Text Messaging Rules

The Federal Communications Commission (FCC) was busy in November, write Venable attorneys Daniel Blynn, Samuel Boro, and Christopher Boone in a recent post to the firm's advertising law blog. On November 18, the FCC posted an Enforcement Advisory on robotexting and consumer protection, and on November 21 published a blog on robocalls. These informational efforts are timely, as Telephone Consumer Protection Act class actions continue to be a hot area of litigation generating large settlements, including two multi-million-dollar settlements in the last month. The Advisory is a good reminder that…

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advertising law toolkit

Understanding Clickwrap Agreements

If you go through the trouble of drafting terms of use for your website, video game, or mobile application, you should also consider how to enforce them. In the "Clickwrap Agreements" section of the firm's Advertising Law Tool Kit, Venable attorney Kimberly Culp provides a quick guide to best practices that help ensure consumers receive reasonable, conspicuous notice of your terms.

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The Present and Future Role of State Attorneys General in Consumer Financial Services Regulation and Enforcement

Friday, December 9, 2016 | 3:00 p.m. – 4:00 p.m. ET

State attorneys general have become increasingly involved in consumer financial services investigations and enforcement, a trend that is expected to continue into the next presidential administration. Whether involving a single state attorney general or multiple attorneys general, investigations and litigation can lead to high costs, administrative burdens, distractions, and reputational damage. Join Venable for this one-hour event, in which our panel, consisting of a former U.S. Senator and Arkansas State Attorney General, a former Chief Deputy Attorney General of Alabama, a former CFPB enforcement attorney, and other seasoned attorneys, discusses how such investigations begin and progress, and how companies can prepare for and limit the impact of an investigation.


From Obama to Trump: Opportunities and Risks in Influencing a New Regulatory and Policy Agenda

Thursday, December 15, 2016 | 11:00 a.m. – 12:15 p.m. ET

Starting on Donald Trump's first day in office, he can significantly alter the landscape of executive orders, executive actions, and administrative decisions issued by President Obama. This uncertainty may leave you wondering how the process works and what is at stake in your own regulatory environment. Join members of Venable's Legislative, Political Law, and Regulatory groups for an hour-long discussion of the dramatic policy changes that are likely to take place in the first 100 days of the new administration. This event will be an opportunity for CEOs, general counsel, the government relations community, and compliance professionals to learn about decisions that could affect them in the coming months.