April 11, 2024

Advertising Law News and Analysis

3 min

Listen to Episode 10, "Website Accessibility," and Episode 11, "State Attorney General Investigations," of Venable's Ad Law Tool Kit Show

Ad Law Tool Kit ShowTitle III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in public accommodations. But whether it applies to websites differs by location. California exempts online-only businesses, for example, but elsewhere, offering online goods or services can mandate compliance. In episode 10, host Shahin Rothermel and her guests, Karel Mazanec and Nick Reiter, discuss recent court decisions that provide defenses against generic lawsuits, stressing specific injury claims. The explosion of online commerce has forced the question: How does Title III apply to websites?

State attorneys general (AGs) are the chief legal officers of their states, and their areas of concern are vast. Aggressive enforcement against telemarking, debt relief, privacy violations, and charity fraud can generate goodwill with an AG's state residents. Compliance with laws, prompt complaint resolution, and proactive engagement with AGs are crucial. In episode 11, host Len Gordon and his guest, former Venable partner Alex Megaris, go over how businesses facing AG inquiries should retain documents, negotiate confidentiality agreements, and focus efforts on smaller AG committees in multi-state actions to manage these probes effectively.

Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit

Advertising Law Tool Kit - 12th EditionA properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social media posts, websites, music, developed characters appearing in ads, and logos.

Council for Responsible Nutrition Seeks to Enjoin Enforcement of New York Law Restricting the Sale of Dietary Supplements for Weight Loss or Muscle Building

As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law is to go into effect on April 22, 2024. However, two trade associations, the Council for Responsible Nutrition (CRN) and the Natural Products Association (NPA), are challenging the new state law. CRN filed its lawsuit in the Southern District of New York in March, and NPA filed its lawsuit in New York's Eastern District in December.

Fast VAST Update: California Proposes Sweeping Changes to Autorenewal Law

California's legislature has proposed amendments to its Automatic Renewal Law (ARL) to tighten the already-strict requirements for autorenewal, negative option, and continuous service offers. The law would impose new requirements for disclosures, consent, and cancellation.

FCC Adopts Video Service All-In Pricing Rules

On March 14, the Federal Communications Commission (FCC) adopted new rules that require cable television operators and satellite video providers to specify the aggregate monthly all-in price for video programming services on customer bills, any advertising, and all promotional materials in a "clear, easy-to-understand, and accurate single line-item."

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