December 21, 2023

Advertising Law News and Analysis

1 min

FTC Constitutional Challenge Update: Fifth Circuit Delivers Illumina a Stocking Full of Coal

Last week, the Fifth Circuit handed down an across-the-board rejection of four constitutional challenges raised by gene sequencing company Illumina in defending against the Federal Trade Commission’s merger challenge. Bah! Humbug!

FCC Adopts Rule Closing the Lead Generator Loophole

The Federal Communications Commission (FCC) adopted a revised rule to restrict forms of lead generation involving texts and calls to consumers on December 13, 2023. The revised rule implementing the Telephone Consumer Protection Act (TCPA) will require one-to-one consent for certain types of regulated calls and texts—so-called robotexts and robocalls.

Reminder: New York's Credit Card Reward and Loyalty Program Law Is Now in Effect

If your business offers a loyalty program in conjunction with a gift card, you likely already know that Section 520-e of New York's General Business Law took effect December 10, 2023. This new law gives consumers a set grace period to use their credit card reward points when certain changes (e.g., modification, cancellation, closure, or termination) are made to a "reward, loyalty, or other incentive program."

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