A new Acting Chairman at FTC, TCPA a priority for FCC, and more in this issue of Advertising Law News & Analysis

4 min

Ohlhausen Named Acting FTC Chairman

Yesterday, President Donald J. Trump named Maureen K. Ohlhausen acting Chairman of the Federal Trade Commission (FTC). In a statement released shortly after the announcement, Chairman Ohlhausen, who has served as an FTC Commissioner since 2012 and often uses the phrase "regulatory humility" to describe her philosophy, promised to safeguard consumers from deceptive marketing and anti-competitive business practices while minimizing the regulatory burden on legitimate business.

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Is the FTC's Administrative Adjudication Process Biased?

When the FTC votes to issue a complaint, the agency can proceed in federal court or through the administrative law process, in which the FTC staff prosecutes the case in front of an Administrative Law Judge, write Venable partners Amy Mudge and Randy Shaheen in a recent post to the firm's advertising law blog. Some have criticized this process, arguing that the Commission cannot – in an unbiased fashion – hear an appeal of a case they voted to bring in the first place. A new article by acting FTC Chairman Maureen K. Ohlhausen evaluates 30 years of the Commission's "Part 3" decisions, and makes an interesting observation concerning…

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TCPA Is on FCC's Radar

In November, a series of actions by the Federal Communications Commission (FCC) demonstrated beyond any doubt that the Telephone Consumer Protection Act (TCPA) is a priority for the agency, write Venable attorneys Dan Blynn and Chris Boone in the January edition of Response magazine.

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What's in Your Tool Kit?

Marketers that attempt to connect with consumers via telephone and text face an aggressive plaintiffs' bar and a landscape where laws and best practices shift constantly. Venable's Ellen Berge shares a quick checklist in the firm's Advertising Law Tool Kit that helps telemarketers spot issues and avoid trouble.

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Digital Entertainment World (DEW)

February 1-2, 2017 | Marina Del Rey Marriott, California

Join Venable at DEW, the annual expo for the digital entertainment industry, to be held in Marina Del Rey, California. DEW is the only conference that is inclusive of the complete digital content ecosystem, with the mission of providing a platform for leading intellectual property rights holders from video, music, games, and publishing, from which they can access the entire digital value-chain of technology and service providers, digital distributors, and device manufacturers, and build the partnerships necessary to create and monetize digital content across all significant platforms. Be sure to attend Venable partner Nicholas DePalma's panel, "How Augmented Reality & Geolocation Are Shaping the Future of Games," on February 2 from 3:30 p.m. to 4:00 p.m. and Tamany Bentz's panel directly after, on "Derivative Works and User Generated Content."

American Bar Association (ABA) Consumer Protection Conference

February 2, 2017 | Atlanta, GA

The field of consumer protection law continues to evolve and expand to keep pace with innovations in advertising and ever-emerging approaches to delivering products and services. Don't miss this exciting, comprehensive consumer protection program featuring leading experts, academics, and in-house practitioners, as well as enforcement officials from the U.S. and other key jurisdictions. Topics include the latest developments in such areas as claims substantiation for evolving technology, privacy and data protection, class action efforts, and enforcement policy and initiatives. Panelists will discuss practical implications arising from these latest developments, offer best practices for in-house counsel, and discuss and debate issues arising from the latest domestic and international enforcement actions.

Electronic Retailing Association's Great Ideas Summit 2017

February 27 - March 1 | San Juan, Puerto Rico

Join Venable at The Great Ideas Summit, an annual conference that brings together the direct response industry's most influential leaders to hold high-powered meetings, close global deals, and develop new digital marketing strategies.

Grocery Manufacturers Association Legal Conference

February 27-28, 2017 | San Diego, CA

The GMA Legal Conference is the preeminent gathering for legal professionals in the food, beverage, and consumer products industry. Top in-house counsel, defense attorneys, and regulatory experts will cover a wide array of important and timely legal issues, with an emphasis on protecting your brands from litigation risks and complying with government regulations. Be sure to join Venable at the kick-off luncheon on Monday, February 27, followed by a class action litigation panel moderated by Venable partner Angel Garganta. We'll also host a roundtable discussing on marketing and advertising law, featuring Venable partners Randy Miller and Randy Shaheen.