Now Available: Venable's Advertising Law Tool Kit – 13th Edition
New year, new Tool Kit! The 13th 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. New sections examine issues related to email marketing, charitable fundraising, and the National Advertising Division.
Download this year's Tool Kit or bookmark the link to our e-book for quick access to these industry best practices.
Eleventh Circuit Overrules FCC's One-to-One Consent Rule
On Friday, the Eleventh Circuit, in Insurance Marketing Coalition Ltd v. FCC, found that the Federal Communications Commission overstepped its statutory authority in implementing robocall and robotext "one-to-one consent" and "logically and topically related" requirements under the Telephone Consumer Protection Act. The challenged rules had required consumers to provide separate consent for each company and limit communications to subjects logically and topically related to the initial interaction. The court vacated the rules and remanded the matter back to the FCC for further proceedings.
Welcome to the New Federal Trade Commission! But First, a Look Back at FTC Rulemaking
With the Biden-Harris administration and Federal Trade Commission Chair Lina Khan tenures now completed, we take a look back at the mountain of rulemaking carried out over the last few years. Khan's ambitious agenda led to an avalanche of new and amended rules. All eyes will now be on Commissioner Andrew Ferguson, who is set to become the new chair, and how he will steer the agency going forward.
FTC Issues Proposed Rulemakings Related to Deceptive Earnings Claims
As part of a flurry of activity this week before the change in its leadership, the Federal Trade Commission announced proposed rulemakings regarding deceptive earnings claims by multilevel marketers and money-making opportunity sellers. Whether a Republican-led agency will finalize these proposals is far from clear.
FTC and New York Attorney General Settle with Handy for Deceptive Practices
This week, the Federal Trade Commission (FTC) and the New York attorney general announced a settlement with Handy Technologies, Inc. to resolve allegations that the company engaged in an array of unfair and deceptive practices that violated Section 5 of the FTC Act and New York advertising laws. This settlement is yet another indication of the FTC's continued emphasis on protecting workers' rights, an emphasis that may continue under a new administration.