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
Price Gouging Enforcement Escalates At Federal and State Levels
As a follow-up to our recent posts on price gouging (see here, here, and here), we noted recent signs that federal and state authorities have escalated their enforcement efforts.
- On Monday, the President signed an executive order to prevent hoarding and price gouging of crucial medical supplies. It authorizes criminal prosecution of
Facial Recognition Tech Enforced by Vermont AG Under State Privacy & Data Broker Laws
Vermont Attorney General Thomas Donovan Jr. has ratcheted up ongoing scrutiny of facial recognition technology. On March 10, the Vermont AG sued facial recognition technology provider Clearview AI and moved for a preliminary injunction against the company. Clearview drew wide attention in January following the publication of a New York Times story that detailed how
Coronavirus Advertising-Related Enforcement is Ongoing
This post updates an earlier post relating to marketing around the coronavirus.
We noted a couple news items this week that help add context to the pervasiveness of and risks related to price gouging enforcement. In this story, the New York Times reported on a merchant who was selling hand sanitizer and related protective
Read This Before You Market Around Coronavirus
Until recently, most consumers likely associated anything starting with “Corona” with a sunny beach and a lime wedge.
Not anymore.
The public is rightly concerned about coronavirus and how to avoid catching it. And where the public has questions, marketers will have answers. Here are a couple things to think about before rushing that next
The Boundaries of the FTC’s Section 13(b) Authority: 24 State AGs Weigh In
On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC.
These State AGs are in agreement with the FTC, which has argued that the district court’s authority to