Download Venable's Advertising Law Tool Kit – 11th Edition
It's here! The 11th edition of Venable's popular Advertising Law Tool Kit is now available for download. 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. Download this year's Tool Kit or bookmark the link to our e-book for quick access to these industry best practices.
Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions, including website terms and conditions.
Supreme Court Agrees to Hear Case Involving CFPB Funding
On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations that have been promulgated by the bureau to date, as well as all pending investigations and litigation brought by the agency.
FCC Proposes Rule to "Close the Lead Generator Loophole," with Business-Changing Ramifications
Last week, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking proposing to "ban the practice of obtaining a single consumer consent as grounds for delivering calls and text messages from multiple marketers on subjects beyond the scope of the original consent."
Layup or Airball? Court Holds NBA Top Shot NFTs May Be a Security in Friel v. Dapper Labs
The first quarter of 2023 hasn't started much better for the blockchain and cryptocurrency industry than the fourth quarter of 2022 ended. Last week, in Friel v. Dapper Labs, Inc et al., a federal judge declined to dismiss a class action complaint alleging securities law violations, finding that the Plaintiffs plausibly alleged that the non-fungible tokens (NFTs) sold on the NBA's Top Shot platform could be securities. The ruling was the first of its kind, and while the court expressly stated that it is narrow in scope and other NFTs may not be securities, the holding could ultimately have far-reaching implications for other NFT projects and marketplaces as applied, particularly in today's uncertain environment.
For the First Time, Supreme Court Considers Section 230 Immunity for Third-Party Content on Internet Platforms Such as Google and YouTube
In what could be a seminal case of the Internet age, the U.S. Supreme Court this week heard arguments in Gonzalez v. Google, its first case concerning the hotly debated Section 230 of the Communications Decency Act. The case's potential ramifications might be gleaned from the 70-plus amicus briefs filed by major companies, states, elected officials, and organizations.
Ninth Circuit Upholds Dismissal of Autorenewal Lawsuit, Finds Disclosure, Consent, and Acknowledgment Sufficient
In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering automatic renewal services despite the onslaught of lawsuits and challenges by the Federal Trade Commission and Consumer Financial Protection Bureau on negative option offers due to so-called dark patterns.