January 11, 2018

FTC's latest ROSCA lesson, FCC revives its own native advertising rule, and more in this issue of Advertising Law News & Analysis

3 min


FTC's Latest ROSCA Lesson: 'Simply' Let Consumers Cancel

On November 20, the Federal Trade Commission (FTC) filed against Adore Me, an online seller of lingerie, for violating the FTC Act and Section 5 of the Restore Online Shoppers' Confidence Act (ROSCA). In the most recent edition of the DRMA Voice, Venable partner Len Gordon writes that two takeaways from the case are that if consumers want to leave, marketers should let them; and that marketers should prepare for more subjective scrutiny of disclosures and cancellation processes.

Cash and Handcuffs

FCC Revives Its Own Native Advertising Rule

The Federal Communications Commission's (FCC) Sponsorship Identification Rule is a close, if perhaps neglected, cousin of the FTC's native advertising guidelines. Nevertheless, write Venable attorneys Ian Volner and Kathleen Sheridan in a recent blog post, the FCC's latest enforcement action demonstrates how failure to follow the rule can result in penalties far larger than any imposed to date by the FTC. It also hints at the possibility that a single ad can result in dual liability for advertisers and broadcasters.



From the Tool Kit:

Advertisers looking to break through the noise by integrating their marketing messages into quality digital content often wrestle with how to disclose their sponsorship of that content. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Amy Mudge and Randy Shaheen outline the best practices advertisers can use to minimize legal and regulatory risk when engaging in so-called native advertising.


Outdoor Retailer Snow Show

January 25-28, 2018 | Denver, CO

Join the outdoor industry's leading and newest brands in what's far more than just a product wholesale show. Buyers, suppliers, retailers, and market experts join to share new ideas, explore best practices, and unite as a powerful advocate for environmental issues and the protection of public lands while growing businesses and making new connections.

Digital Entertainment World (DEW)

February 5-6, 2018 | Marina Del Rey, CA

Digital Entertainment World (DEW) attracts a group of digital minded executives and professionals, focused on monetizing digital content. DEW provides a first-class platform for leading intellectual property rights holders from video, music, games and publishing to access the entire digital value-chain of technology and service providers, digital distributors and device manufacturers, to build the partnerships necessary to create and monetize digital content across all significant platforms. Venable partners Po Yi and Chris O'Brien will moderate panels on The Future of AR and AI for Media and Entertainment and Crowdfunding, Token Sales, and Smart Contracts, respectively.