On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the government debt exception. William P. Barr et al. v. American Association of Political Consultants et al., Case No. 19-631 (2020). Our preview of the Supreme Court’s consideration of the Barr case can
Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)
The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief,” and allows the SEC to
Spotlight on Charitable Campaigns
The COVID-19 pandemic has given all of us renewed interest in our communities and giving back to them. Similarly, many companies are teaming up with charitable organizations to support efforts related to COVID-19 through cause marketing campaigns. Cause marketing campaigns can trigger various state laws, like those governing “commercial co-ventures,” particularly when they
Briefing with the State Enforcers: From the ABA Virtual Antitrust Spring Meeting
Bill MacLeod and other panelists representing antitrust and consumer protection bureaus from across the country discussed recent enforcement activities and the ongoing missions of state enforcement agencies during the American Bar Association’s Antitrust Section Virtual Spring Meeting.
Watch the replay here.
What to Expect in FTC Consumer Protection Enforcement: From the ABA Virtual Antitrust Spring Meeting
In conjunction with the American Bar Association’s Antitrust Section Spring Meeting, practice chair Christie Thompson participated in a panel discussion on recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has
FTC Sends Warning Letters to Ten MLMs about COVID-related Product and Earnings Claims
Last week, the FTC sent warning letters to ten multi-level marketing companies alleging that the companies failed to stop their participants from making deceptive product and earnings claims related to COVID-19. The letters request that the companies report within 48 hours what actions they have taken to stop their distributors from claiming their products can
Ad Law Access Podcast: Guidance for Retailers
As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients.
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing chair Christie Grymes Thompson and partner Kristi Wolff answer retailer questions regarding pricing, shipping, refunds, customer reviews, and
Ad Law Access Podcast: Update on ATDS Definition Under the TCPA
Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for
States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic
The COVID-19 pandemic continues to have far-reaching effects on businesses and consumers everywhere. While many states are taking broadly consistent approaches on certain issues (e.g., price gouging, non-essential business closures), one area where we’ve seen significant divergence involves regulation of collection efforts – both by first party creditors and debt collectors. In
Challenges Shipping on Time Because of COVID-19? What You Should Know about the FTC’s Mail Order Rule
As localities order people to stay at home and non-essential businesses to close, consumers are turning to online options. Although you might welcome the traffic, you might also be facing unexpected challenges like a reduced work force, supply chain disruptions, manufacturing shifts from regular inventory to medical necessities, and other hurdles that can cause shipping