August 04, 2022

Advertising Law News and Analysis

2 min

When a Mail Order Rule Case Is Not Just About the Mail Order Rule

At the height of the pandemic, the Federal Trade Commission took swift action to stamp out scammers and other actors looking to take advantage of—or simply make a buck off—the crisis. One of the early moves it made was to file separate lawsuits against a pair of companies that sold sanitizer, face masks, and other protective equipment gear (PPE), but failed to ship the products as promised.

Are Your Website Terms Enforceable? Maybe Not, According to These Recent Decisions

Whether they refer to their online terms as "website terms and conditions," "terms of use," or something else, online marketers and sellers often seek to enforce contracts to manage the relationships with their customers and mitigate the consequences of legal action. Two recent decisions illustrate that marketers must obtain and have proof that customers agreed to their terms.

About That First Florida Telephone Solicitation Act Class Action Settlement…

Last week, the plaintiff in Alvarez v. Sunshine Life & Health Advisors LLCthe first Florida Telephone Solicitation Act (FTSA) action to settle on a class basis — filed his motion for preliminary approval of the settlement. And the settlement is an interesting one.

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn't have a crystal ball to foresee it, the FTC announced that it is furthering those efforts through a new partnership with the National Labor Relations Board. On July 19, 2022, FTC Chair Lina Khan and NLRB General Counsel Jennifer Abruzzo signed a Memorandum of Understanding on behalf of their respective agencies to "promote interagency collaboration," to enhance enforcement efforts, and to "better root out practices that harm workers."