October 21, 2022

Advertising Law News and Analysis

2 min

Event in Review: 9th Annual Advertising Law Symposium

On September 16, Venable's Advertising and Marketing Group hosted its 9th Annual Advertising Law Symposium in Washington, DC. After a two-year hiatus due to the coronavirus pandemic, attendees were energized to convene in person once again at the firm's DC headquarters to discuss the latest trends, challenges, and developments impacting the industry. Speakers covered a broad range of topics, but among the most widely talked about were matters related to dark patters, recurring payments, false advertising, and the metaverse.

The FTC's Latest Forecast: An Opening Meeting with A Flurry of Rulemaking

The FTC's ears must have been burning. Just hours after we finished a webinar discussing the latest developments in the FTC's push for more rulemaking, the FTC announced an upcoming open meeting where it will propose issuing three advanced notices of proposed rulemaking (ANPR).

A Sign of the Times: Federal Trade Commission Releases Guidance on Consumer Reviews

Customer reviews and ratings are powerful, low-cost marketing tools. Technology now allows marketers to harness this power on a scale that was unimaginable even five years ago. The ability to solicit, capture, and post reviews and ratings is virtually seamless. But it is just as easy to seek shortcuts or abuse the system. In response, the Federal Trade Commission (FTC) has devoted resources to addressing consumer review fraud, including through public education.

Autorenewal Lawsuit Alleges NFL+ Subscription Program Violated State Laws—but Does Not Name Any State Autorenewal Laws

A class action plaintiff filed a lawsuit against the NFL recently for allegedly enrolling customers in its NFL+ Premium subscription without their consent or disclosing subscription (autorenewal) billing terms, and for failing to allow customers to easily cancel the automatically recurring membership fees. This case is just one of many demonstrating that sellers are exposed to suits for autorenewal infractions even under laws that do not target autorenewal programs.

Keeping Up with Disclosures: SEC Punishes Kim Kardashian for Crypto Promotion

The U.S. Securities and Exchange Commission issued a cease-and-desist order to Kim Kardashian for failing to disclose that she received $250,000 to promote EthereumMax's digital tokens, "EMAX tokens," on social media.