FTC's new commissioners are already making news, preventing influencers from counting as employees in California, and more in this issue.
New FTC Commissioners Making News
The Federal Trade Commission (FTC) has been back at full capacity for little more than two weeks, Venable partner Amy Mudge writes in a recent blog post, but it is already making news on the consumer protection front. Earlier this week, a new Director of the Commission's Consumer Protection Bureau was named – but not before he attracted the attention of three Senators who were, to put it lightly, not big fans. In addition, Commissioner Chopra sent a letter to the other Commissioners urging the FTC to take a much tougher stance on…
Keeping Influencers from Becoming CA Employees
Because of a new California decision interpreting the state's wage and hour law, brand companies should take a careful look at their influencer compliance programs not only for FTC compliance, but also for potential employment law consequences, write Venable partners Daniel Hoffer, Amy Mudge, and Melissa Landau Steinman in a recent blog post. Under the new decision, a company that does not put sufficient forethought into how it establishes and maintains influencer compliance with the FTC's endorsement guidelines could inadvertently convert the influencer from an independent contractor to an employee under California law.
CFPB Unveils Regulatory Agenda
Under Acting Director Mick Mulvaney, the Consumer Financial Protection Bureau (CFPB) is in the process of overhauling virtually all aspects of the bureau, which has significant rulemaking authority, writes Venable partner Jonathan Pompan in a recent client alert. The CFPB recently released its spring 2018 regulatory agenda, which included news on movement in rulemakings for mortgage, debt collection, and small-dollar lending, as well as news on some rulemakings that have been delayed.
From the Tool Kit:
These days, the FTC, state attorneys general, and class action lawyers pay very close attention to the clarity and prominence of online disclosures. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partner Len Gordon outlines the questions brands should ask to mitigate legal risk when developing online disclosures.
How Blockchain Is Changing the Entertainment Industry
May 22, 2018 | Los Angeles, CA and online
Blockchain technology and cryptocurrencies like bitcoin are creating buzz and excitement in Hollywood and in the economy in general. Venable attorneys Chris O'Brien and Shane Nix will host a panel discussion exploring what companies are doing with blockchain technology and how it is already affecting film, TV, music, and digital entertainment and media.
ERA Government Affairs Fly-In and ERSP Summit
May 23, 2018 | Venable LLP, Washington, DC
The regulatory landscape for direct-to-consumer marketing is rapidly evolving, and the processes marketers use today to ensure compliance may not be adequate tomorrow. Venable attorneys Kelly DeMarchis Bastide, Ellen Berge, Roger Colaizzi, Len Gordon, Jeff Knowles, and the Honorable Mark Pryor will speak at this day-long event that will provide a first-hand look at the state of federal and state regulation and enforcement, as well as industry self-regulation.
Legal Issues of Running Social Media and Mobile Sweepstakes and Contests
July 19, 2018 | Online
As consumers shift more of their time and attention from traditional forms of media to social and mobile media, marketers are devoting more resources to reaching eyes and ears through new media. While there's nothing new about prize promotions such as sweepstakes and contests, merging such promotions with social and mobile media can be a particularly efficient and effective way of engaging consumers. During this webinar presented by Lorman, Venable partner Melissa Landau Steinman will provide an in-depth review of the legal issues relating to conducting a prize promotion through social and/or mobile media. Clients and friends of Venable who use the "register" link below will receive a 50 percent discount off registration for the webinar.