Download Venable's Advertising Law Tool Kit – 10th Edition
We are pleased to share with you the tenth edition of Venable's popular Advertising Law Tool Kit. This annual resource compiles a broad spectrum of marketing-related topics, background information, and checklists into an easy-to-access guide, authored by some of the most experienced attorneys in the industry.
Oklahoma Proposed Autodialer Legislation Would Cause Litigation to Come Sweepin' Down the Plain
Musical Theater was one of my favorite elective courses in high school, probably because a fair amount of the curriculum involved watching musicals on television. One of the catchiest tunes I remember was the main title track from Rodgers & Hammerstein's classic, Oklahoma! A recent bill introduced in the Oklahoma state legislature has me humming that tune, though I'm not so sure the "wavin' wheat," which "can sure smell sweet when the wind comes right behind the rain" will be able to mask the stench rising from the influx of telemarketing litigation that surely will be filed in the state, should the bill as proposed actually become law.
Judge Tells FTC That It Can't Have Its Part III and Eat It, Too
I've never really understood the saying "You can't have your cake and eat it, too," but I was reminded of it when I read U.S. District Judge Amy Totenberg's opinion rejecting the FTC's efforts to stay or voluntarily dismiss the federal court action brought against Fleetcor and its CEO.
The Buy-Now-Pay-Later Boom Gets Consumer Protection Attention
The explosion in Buy-Now-Pay-Later (BNPL) has caught the eyes of lawmakers and regulators, who are taking a closer look at this booming industry.
BNPL payment offers allow consumers to purchase goods or services now and pay for them over time, often through a short series of installments (for example, four payments spaced two weeks apart). Industry researchers have found that Gen Z consumers increased their use of BNPL products from 6% in 2019 to 36% in 2021. However, with this growth, lawmakers and regulators have voiced concerns about BNPL, including that consumers may easily spend more than they can afford and rack up multiple BNPL purchases with varying payment schedules and payment terms.
Ninth Circuit Upholds California Net Neutrality Law
The Ninth Circuit recently upheld California's 2018 net neutrality law in the face of arguments that the law was preempted by FCC action. The court held that the FCC can't preempt states since it gave up its own regulatory authority over broadband in its 2017 repeal of the federal net neutrality rules.
Federal Trade Commission Releases Online Customer Review Guidance
It might be hard for some to imagine, but the Federal Trade Commission (FTC) is feeling groovy. This month, the agency released two guidance documents that track best practices to prevent consumers from being misled when marketers solicit and pay for online reviews and when review platforms feature online customer reviews.