Social Clipping and Influencer Marketing: Key Legal Risks
Social clipping has become one of the fastest-growing social media marketing strategies because it helps long-form content reach much larger audiences. Instead of relying on platform algorithms to promote an entire podcast, livestream, webinar, or interview, brands and creators encourage people to "clip" short, engaging moments and post them across social media platforms.
Truth in Labeling Act Could Reshape Environmental Marketing Claims
Making environmental marketing claims is already difficult. Between California's evolving requirements, the Federal Trade Commission's (FTC) Green Guides, and a growing number of state laws, even well-intentioned companies can struggle to determine what they can say on product packaging.
One-Time Shipping Protection Fee May Trigger ROSCA, Court Rules: A Fast VAST Update
The term "negative option" generally references subscriptions, automatic renewals, continuity plans, or other programs where consumers continue to be charged unless they cancel.
Xlear Challenge to FTC Health Claims Substantiation Standard Dismissed
A Utah federal judge recently dismissed Xlear, Inc.'s lawsuit challenging the Federal Trade Commission's (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear's challenge was not ripe for judicial review. Because Xlear could not identify a final agency action that had a concrete impact on Xlear's advertising, the court concluded that Xlear's dispute was hypothetical and based on "abstract disagreements."
Merchants Take the "Junk Fee" Fight to Their Payment Processors
Junk fee litigation has, until recently, been largely a consumer-facing story: diners, online shoppers, and eventgoers challenging the "service," "processing," and "convenience" fees that appear at checkout. A new proposed class action filed in North Carolina turns that narrative around. Specifically, a proposed class of North Carolina businesses recently filed a complaint alleging that their payment processors systematically charged them "junk fees" totaling almost $100 every month.