FTC Warns Auto Dealers: Advertised Vehicle Prices Must Include Mandatory Fees
Last week, the Federal Trade Commission (FTC) announced it is sending warning letters to 97 auto dealership groups nationwide, reminding them that the price they advertise to consumers must reflect the total price consumers will be required to pay for the vehicle—including all mandatory fees but excluding taxes.
FTC Calls for Comments on the Amended Negative Option Rule: A Fast VAST Update
On Wednesday, the Federal Trade Commission (FTC) issued a call for comments in response to its Advance Notice of Proposed Rulemaking Regarding Negative Option Marketing Practices.
Now Available: Venable's Advertising Law Tool Kit – 14th Edition
Want an edge in today's marketplace? Get up to speed on the latest advertising laws and regulations by downloading Venable's newest Advertising Law Tool Kit, authored by some of the most experienced attorneys in the industry. The 14th edition of this easy-to-use guide is packed with checklists and fresh insights on everything from claim substantiation and fee disclosures to lead generation and privacy.
Fifth Circuit Limits TCPA Prior Express Written Consent Requirements
Last week, the Fifth Circuit Court of Appeals held that the Telephone Customer Protection Act (TCPA) permits businesses to obtain only prior express consent rather than prior express written consent for autodialed and prerecorded calls and texts. This holding expressly rejects the Federal Communication Commission's (FCC) interpretation of the TCPA's consent requirement first promulgated in 2012.
Supreme Court Takes Up VPPA Case With Major Implications for Digital Advertising and Privacy
The Supreme Court has agreed to weigh in on the interpretation of a decades-old federal privacy statute that has found renewed relevance in the modern digital advertising ecosystem. In Salazar v. Paramount Global, the Court will consider the scope of the Video Privacy Protection Act (VPPA), specifically, who qualifies as a "consumer" entitled to the statute's protections. The decision to grant certiorari reflects a clear and growing circuit split with implications for companies that operate video-enabled websites, ad-supported streaming platforms, and content-driven digital services.
FTC Revives Click-to-Cancel Rule: A Fast VAST Update
Last week, the Federal Trade Commission (FTC) revived its efforts to update the Negative Option Rule. On Friday, the FTC announced it had submitted a draft Advance Notice of Proposed Rulemaking (ANPRM) concerning the agency's Rule Concerning the Use of Prenotification Negative Option Plans (the Negative Option Rule), to the Office of Information and Regulatory Affairs within the Office of Management and Budget.