How the perfect advertising puff can turn into a nightmare, what the FTC's scrutiny of student loans means for telemarketers, and more in this issue of Advertising Law News & Analysis

4 min

rabbit in a hat

Huffing and Puffing Can Blow Your House Down

In many cases, puffing — an advertising claim that is not objective and is of the type upon which consumers would not normally rely — can be a powerful tool for building a brand's image, because it has a way of sticking in consumers' minds, write Venable attorneys Roger Colaizzi and Chris Crook in the May edition of Response magazine. But the perfect puff can turn into a nightmare if a court finds that the claim is objective and requires substantiation.

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student loan debt

FTC Targets Student Loan Market

Lots of folks have been wondering whether, because of a shortage of commissioners and a new administration in the White House, school is out at the Federal Trade Commission (FTC), write Venable attorneys Len Gordon and Alexandra Megaris in a recent blog post. However, a recent case involving the telemarketing of student loan debt relief services makes it clear that, at least in certain areas, school is still in session. The case also highlights the growing regulatory scrutiny of the student loan space.

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Texas barn

Supreme Court Alters Patent Venue Landscape

Last month, the U.S. Supreme Court issued its decision in TC Heartland LLC v. Kraft Food Group Brands LLC. In a recent issue of the firm's IP Buzz newsletter, Venable attorneys Megan Woodworth and William Hector write that the Court's unanimous ruling that "a domestic corporation 'resides' only in its State of incorporation for purposes of the patent venue statute" will change the landscape of patent litigation, likely causing a migration of patent cases from the Eastern District of Texas.

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runway fashion

Fashion Technology Raises Novel Legal Issues

Where once many criticized the fashion business for being slow to evolve, it may now be one of the most tech-savvy industries, write Venable attorneys Po Yi and Michael Isselin in a recent article in Internet Retailer magazine. While brands use emerging technology to better understand consumers, create customized products, and personalized shopping experiences, they may also be creating significant IP and privacy issues.

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Advertising Law Tool Kit

From the Tool Kit

Objective advertising claims require prior substantiation. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partner Gary Hailey outlines the questions brands should ask when determining whether there is a "reasonable basis" for an advertising claim.

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COMPLY2017 – The RegTech and Compliance Conference

June 7 – 8, 2017 | New York, NY

Join Venable and other leading professionals interested in compliance, education, marketing, and RegTech solutions. Venable attorney Alexandra Megaris will moderate a state AG and regulatory session, "The Shifting Regulatory Environment: A State and Local Perspective," on June 7. Hear from federal and state officials on the front lines of consumer protection regulation and enforcement about these shifts and how they directly impact your organization as it prepares and plans its compliance priorities.

Rewarding Compliance: Laws, Regulations and Litigation Relevant to Complex Loyalty Programs

June 13, 2017 | 1:00 p.m. ET | Brand Activation Legal Webinar

Venable will be presenting at the upcoming Brand Activation Legal webinar on Rewarding Compliance: Laws, Regulations and Litigation Relevant to Complex Loyalty Programs. Loyalty programs have been around for decades, starting with the original S&H Green Stamps program; more recently, such programs have evolved into complex digital programs that may include sweepstakes, auctions, charitable programs, and even multiple participating vendors. Join us as we discuss legal issues relevant to the new era of loyalty programs, as well as recent litigation and investigations that highlight the risks and perils to watch out for in designing such programs.


ACA International 2017 Convention and Expo

July 17, 2017 | Seattle, WA

Venable attorneys Jonathan Pompan and Alexandra Megaris will join an interactive panel discussion, "Regulatory Compliance in an Evolving Legal Landscape," where they will share approaches to compliance and practical answers to questions. Hear from a chief compliance officer and attorneys who advise on an array of debt collection compliance matters and defend against federal and state enforcement investigations.


NBJ Summit

July 17 – 20, 2017 | Rancho Palos Verdes, CA

The Nutrition Business Journal (NBJ) Summit attracts over 300 of the nutrition industry's brightest minds and most influential power brokers for unparalleled education, strategic thinking, and discussion on the progress, opportunities, and challenges facing the industry. Venable will sponsor the Welcome Dinner at this year's NBJ Summit on July 18, 2017 from 7:30 pm to 10:30 pm PT.