October 26, 2017

A landmark decision on the TCPA's do-not-call provisions, a CFPB enforcement vet joins Venable, and more in this issue of Advertising Law News & Analysis

4 min


Download Venable's New Advertising Law Tool Kit Today

Venable recently published the expanded and updated sixth 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 problems. In addition to newly added topic areas, the sixth edition also includes "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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Landmark Decision Illuminates TCPA's Tax-Exempt Nonprofit Exception

The Telephone Consumer Protection Act (TCPA) generally prohibits "telephone solicitations" to numbers listed on the National Do-Not-Call list. However, there is a rarely litigated exception to the TCPA's do-not-call provisions, for calls placed by or on behalf of tax-exempt, nonprofit organizations. The U.S. District Court for the Northern District of Illinois recently handed down a decision in such a case, and, write Venable attorneys Eric Berman, Dan Blynn, and Renato Perez in a recent blog post, the court delivered a big win for tax-exempt nonprofit organizations and their paid fundraisers.

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CFPB Enforcement Vet Joins Venable

Venable announced last week that Gerald S. (Gerry) Sachs joined the firm as partner in the Washington, DC office. Sachs joins Venable from the Consumer Financial Protection Bureau's (CFPB) Enforcement Office, where he was senior counsel for policy and strategy. While at the CFPB, Sachs led legal teams focused on auto finance, credit cards, mobile payments, emerging payments (digital currency), and prepaid cards. He also assisted the CFPB with its mortgage servicing rules implementation. Earlier in his career, Sachs was an attorney at the Federal Trade Commission's Southeast region office, where he prosecuted consumer protection cases against companies and individuals on issues involving advertising, financial services, and telemarketing.

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FTC Zeros in on Deceptive Student Loan Relief

On October 13, Acting FTC Chairman Maureen Ohlhausen declared that "winter is coming" for student loan debt relief companies that engage in deceptive practices. In a recent client alert, Venable attorneys Allyson Baker and Sameer Sheikh write that as Ohlhausen made her remarks, the FTC and attorneys general in 11 states and the District of Columbia announced the new consumer fraud enforcement initiative, dubbed "Operation Game of Loans."

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From the Tool Kit:

Marketers who seek to connect with consumers via telephone must contend with hurdles imposed by the FTC, the Federal Communication Commission, and state regulators. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partner Ellen Berge discusses factors companies should consider when marketing or accepting orders via telephone.

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November 1-2, 2017 | New York, NY

Ad:tech New York will explore how personalized, meaningful engagement has inspired a new wave of marketing strategies backed by a powerful array of technology platforms. In this post-advertising era, creative use of technology will push business ahead and deliver exceptional customer experiences. Visit Venable in Booth #148.

Schedule a meeting with Venable at ad:tech. 

Association of National Advertisers/Brand Activation Association (ANA/BAA) Marketing Law Conference

November 13-15, 2017 | Chicago, IL

The 2017 ANA/BAA 39th Marketing Law Conference, "Breakthrough: Legal Strategies for Dynamic Businesses," builds on its reputation as the broadest marketing advertising and privacy law conference, with deep practical legal content, fruitful networking, and major CLE credits. Presenters will be offering deep dives into all aspects of marketing and advertising law, social and digital media, IP and privacy, FTC, state AG and self-regulation (NAD, CARU), Lanham Act, and class actions, with many new sessions to be added. Hear from 135 of the nation's leading inside and outside counsel, and federal, state, and self-regulatory officials. Venable partners will be discussing complex legal issues on several panels relating to advertising litigation, loyalty programs, native advertising, influencer marketing, and user-generated content.