Ad Law Tool Kit Show Trailer - Season 2
If your organization is counting on you to identify potentially problematic advertising and marketing practices, check out Season Two of the Ad Law Tool Kit Show. Starting October 1, Venable partners Len Gordon and Shahin Rothermel and their guests examine the increasingly complex regulatory landscape. Each week, they’ll dive into a new issue—from made in USA claims to marketing to children—and help build your advertising law tool kit. Check out the trailer.
California Privacy Protection Agency Warns Businesses Against "Dark Patterns" and Urges "Symmetry in Choice"
Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on "dark patterns" in the context of the notice and consent required under the California Consumer Privacy Act (CCPA). As we've previously discussed, dark patterns are a subset of "deceptive marketing" and are also known as "deceptive design patterns." The Federal Trade Commission (FTC) released a report in 2022 outlining the various methods companies employ, such as "making it difficult for consumers to cancel subscriptions or charges, burying key terms or junk fees, and tricking consumers into sharing their data."
Federal Agencies Increase Focus on Pricing Enforcement
Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency ""Strike Force on Unfair and Illegal Business Practices." The meeting was a continuation of an effort, initially announced by President Biden in March, to "strengthen interagency efforts to root out and stop illegal corporate behavior that hikes prices on American families through anti-competitive, unfair, deceptive, or fraudulent business practices," according to a press release.
At NAD Conference Federal Trade Commission's Holyoak and Levine Share Contrasting Perspectives on the Agency's Role
At the recent National Advertising Division Annual Conference, FTC Commissioner Melissa Holyoak and FTC Bureau of Consumer Protection Director Samuel Levine presented starkly different perspectives of the agency.