State Automatic Renewal Laws Are Starting to Look Like a Patchwork Quilt as the FTC Expands Enforcement of ROSCA
With several new state laws effective in 2022, it is becoming increasingly difficult for businesses to develop baseline compliance protocols across federal and state automatic renewal laws.
Against this backdrop, federal and state regulators continue to examine the sales practices of companies that sell products and services on an automatically renewing basis; states continue to pass new laws—and strengthen existing laws—that further embolden private plaintiffs and class action lawsuits; and the card brands have imposed increasingly strict requirements on companies offering products and services on a negative option basis.
FTC Approves Rulemaking Process for Earnings Claims
The latest edition of the FTC's recent practice of holding open meetings brings a potential rule regarding earnings claims to the forefront. During the FTC's open meeting, the Commission unanimously approved issuing an Advance Notice of Proposed Rulemaking with respect to earnings claims. As the Commissioners pointed out in their comments (additional information below), the motivation for this rulemaking is to repair the FTC's ability to recover monetary relief for consumers after the Supreme Court's decision in AMG Capital Management.
Defending Against the Blitz: Examining the Legal Issues Surrounding Super Bowl Ads
As the rest of us prepared for the Super Bowl by buying avocados to make guacamole, installing new big-screen TVs, and donning Ram/Bengal-themed face paint, select corners of corporate America prepared for the biggest advertising day of the year.
In 2021, companies spent approximately $485 million on ad slots during the big game, and the average cost of a 30-second commercial slot was about $5.6 million. With such high stakes, plus the intensive "Standards and Practices" review employed by the TV networks, one would assume that anything that makes the cut is above reproach. (The review board won't even let advertisers use "Super Bowl" because it's trademarked, which is why you often hear "the Big Game" in ads.)
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.