March 31, 2022

Advertising Law News and Analysis

2 min

FCC Fine Is a Warning to Retailers of Electronic Devices

The proliferation of wireless and other electronic devices brings not only great opportunities but also compliance risk. This is demonstrated by a recent Federal Communications Commission (FCC) consent decree with Rexing, Inc., a retailer of aftermarket vehicle dash cameras.

The CFPB Warns Companies Against Impeding or Manipulating Honest Customer Reviews

In a bulletin published last week, the Consumer Financial Protection Bureau (CFPB) warned banks and other financial companies against impeding honest reviews of consumer financial products and services. Although it does not cite a specific study for financial products and services, the CFPB's bulletin describes how online reviews impact other industries across the economy.

Biden Tasks Consumer Protection Agencies with Stepping Up Cryptocurrency Oversight

In its much-anticipated cryptocurrency executive order issued earlier this month, the Biden administration called for a coordinated interagency approach to the regulation of digital assets and to the study of their potential risks.

How Negative Option Marketing Can Risk Entangling Third-Party Banks and Payment Processors

We frequently post about negative option marketing in this blog, but our focus has been the FTC's enforcement actions against businesses that utilize this marketing strategy. We haven't written as much about a different risk: payment processors and financial institutions caught in the crosshairs of a court-appointed receiver for their relationships with companies engaged in allegedly unlawful "negative option" marketing. Recently, two FTC enforcement actions in the Central and Southern Districts of California highlight these risks.

Be Prepared: State AG Inquiries

In representing the state government and general public, state attorneys general (AGs) can bring actions to protect the "public interest" in almost any area of law, including their state's unfair, deceptive, and abusive practices (UDAAP) laws as well as federal laws. In the 10th edition of Venable's Advertising Law Tool Kit, we provide strategies for avoiding an inquiry and, when that isn't possible, tips for preparing for and responding to an AG inquiry.