January 28, 2022

Advertising Law News and Analysis

2 min

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

If you had asked us last week, we would have predicted that the Supreme Court's momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission's nearly 50-year practice of seeking equitable monetary relief under Section 13b of the FTC Act, would be the most significant decision about FTC jurisprudence we would see from the Supreme Court for a while.

Buy-Now-Pay-Later: A 360 Degree Overview

Buy-Now-Pay-Later (BNPL) products are taking center stage as a popular way for consumers to purchase goods or services now and pay for them over time through a short series of installments, often interest-free. Industry researchers have found that BNPL is especially attractive to younger Gen Z consumers, who increased their use of BNPL products from 6% in 2019 to 36% in 2021. Observers have also noted that BNPL provides a mechanism to serve consumers with subprime credit histories or those who are underbanked and underserved.

Dark Patterns: Trends and Developments

On January 24, 2022, Len Gordon and Liz Clark Rinehart published "Dark Patterns: Trends and Developments" in Practical Law. The following is an excerpt:

When does a clever digital design become deception? In response to hypercompetitive online markets, businesses have developed savvy ways of presenting offers to customers, in an effort to increase the desirability of products and reduce, as much as possible, any friction or impediments to completing a sale.

"Are You Guys Into Crypto????": Celebrities Promoting Cryptocurrencies Become Class Action Targets

A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any endorsement activity in the cryptocurrency space.

FTC to Dun & Bradstreet: Change Credit Reporting Operations to Benefit Business Customers

The Federal Trade Commission (FTC) announced recently that it agreed to settle claims against Dun & Bradstreet (D&B), a business credit reporting agency engaged in deceptive and unfair practices with small and mid-sized business customers.

Florida Legislature to the Rescue? House Bill Proposed to Fix the Florida Telephone Solicitation Act's Autodialer Provision

The Florida legislature gaveth (to the telemarketing plaintiffs' bar) in July 2021 when it amended the Florida Telephone Solicitation Act (FTSA). That same state legislature might now taketh away and cure some of the class action abuses its amendments have created.