Update on the FCC's One-To-One Consent Rule
In January the Eleventh Circuit vacated the Federal Communication Commission's (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA). The latest development is that on February 19, 2025, the National Consumers League and some small business owners filed a motion to intervene in the case so that they can ask for a full rehearing of that decision.
Email Marketing
Join us as we spotlight select chapters of Venable's popular Advertising Law Tool Kit, which helps marketing teams navigate their organization's legal risk. Click here to download the entire Tool Kit.
Commercial email marketing poses private litigation risks and regulatory hurdles that should be considered before launching any campaign to ensure compliance. The practice involves compliance with legal and regulatory requirements, notably the Federal Trade Commission Act and the CAN-SPAM Act.
Some Hints About and Clues to the FTC's Consumer Protection Priorities
We've written previously about the Trump administration's effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly directing agencies, including the FTC, to prepare for reductions in force. But, given these developments, what will the FTC under Chairman Ferguson prioritize for the Bureau of Consumer Protection? Some clues and some speculation follow.
FTC's "Click-to-Cancel" Rule Challenged by Industry in the Eighth Circuit
A security services company and several trade groups filed their merits brief in the U.S. Court of Appeals for the Eighth Circuit challenging the Federal Trade Commission's (FTC) newly adopted Negative Option Rule, also called Click-to-Cancel. The rule introduces a host of requirements for companies selling goods or services with a negative option feature in both consumer and B2B transactions, as we outlined last year. Notably, a negative option seller must make cancellation as simple as signing up, including providing an easy online cancellation method if consumers signed up online.
FCC Enforcement Advisory Issued Regarding Payola and the Sponsorship Identification Requirements
The Federal Communications Commission (FCC) under new chair Brendan Carr has issued an enforcement advisory addressing complaints that radio stations are coercing musical artists to perform for free at station events by threatening to reduce their airplay if they refuse.
New Executive Orders Declare "So-Called" Independent Agencies No Longer Independent
President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides "so-called independent regulatory agencies" that traditionally promulgate rules and regulations without requiring preclearance by the president.