FTC and Illinois Attorney General Settle with Grubhub for Deceptive Practices
This week, the Federal Trade Commission (FTC) and the Illinois attorney general announced a settlement with Grubhub Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that violated Section 5 of the FTC Act, the Restore Online Shoppers' Confidence Act (ROSCA), the FTC's new Impersonation Rule, and Illinois state consumer protection laws. The FTC announced the case as Chair Lina Khan's tenure at the helm of the FTC comes to an end, and the case highlights many of the approaches Khan has pushed for during her reign.
Are Hyperlinked Disclosures "Clear and Conspicuous"? Yes, in some cases, according to the FTC's Final Negative Option Rule—A Fast VAST Update
The Federal Trade Commission's Final Negative Option Rule ("Click to Cancel Rule") contains stringent new requirements for negative option programs, making it even more difficult to run compliant negative option offers. But the Final Rule contains some silver linings as well. One is the FTC's indication that hyperlinked disclosures might meet the "clear and conspicuous" standard in some circumstances.
FTC Issues Scaled-Back Final Fee Rule Targeting Live-Event Tickets and Short-Term Lodging
This week, the Federal Trade Commission (FTC) issued its long-awaited Final Rule on Unfair or Deceptive Fees. When the FTC released the proposed rule over a year ago, the rule covered any business that offered goods or services for sale. The Commission largely narrowed the rule’s application, which now focuses on live-event tickets and short-term lodging (defined as a hotel, motel, inn, short-term rental, vacation rental, or other place of lodging).
Advertising Agreements: An Excerpt from the Advertising Law Tool Kit
Businesses often hire advertising agencies to assist with their marketing and promotion efforts. This outsourcing model has gained popularity with the emergence of online, social media, and mobile advertising.
While this approach to online advertising has many benefits, businesses must ensure that their contracts with advertising agencies contain key provisions that will mitigate certain legal risks, bearing in mind that the business itself is the party that is likely to be sued if a third party objects to the contents of the advertising. The best practices listed below can help businesses limit risk when outsourcing marketing campaigns.
Telemarketing Sales Rule Amendment Sparks Debate Between FTC Republicans Ahead of Administration Transition
Just before Thanksgiving, the Federal Trade Commission (FTC) announced a Final Rule significantly expanding the coverage of the Telemarketing Sales Rule (TSR). The amendment extends the TSR's prohibition against deceptive practices to cover inbound telemarketing calls for technical support services.
Listen to Episodes 11 of Venable's Ad Law Tool Kit Show Podcast – "Advertising Agreements"
The emergence of online, social media, and mobile advertising has made the outsourcing of marketing efforts important to many businesses. While this approach offers many benefits, businesses must ensure that their advertising agreements contain key provisions that will mitigate certain legal risks.