As a whirlwind 2024 draws to a close, we here at BakerHostetler are reflecting on the promotions trends we’ve seen this year and what we predict you will see more of in 2025. Below, we pinpoint those trends and share some best practices to keep in-house counsel ahead of the game.
Sweepstakes and Contest Fundamentals
The Association of National Advertisers (ANA) held its annual Masters of Advertising Law Conference November 11-13 in sunny Scottsdale, Arizona, and wow, children’s advertising and privacy was a hot-button topic at the conference, with several panels focused on these issues. The Children’s and Teens’ Online Privacy Protection Act (COPPA 2.0), the Kids Online Safety Act
On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial intelligence (AI) to “supercharge deceptive or unfair conduct that harms consumers.” The FTC has dubbed this new initiative “Operation AI Comply.”
For over
NAD 2024 is in the books. It was a jam-packed two days. You’ll hear more about the NAD conference on this site in the days to come, but here are a few quick highlights. First, the conference was notable for the number of senior FTC speakers. Bureau Director Sam Levine, Associate Director for Ad Practices
The Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials was issued yesterday. It becomes effective 60 days after the rule is published in the Federal Register, which has not happened yet so no clock is ticking just yet. But it’s good for advertisers to have some time to get ahead of
While comprehensive privacy legislation is unlikely this Congress, on July 30, the U.S. Senate, overwhelmingly passed a legislative package that includes the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) by a 91-3 vote. Both bills are aimed at increasing children’s privacy online. Sen. Maria Cantwell (D-WA),
On July 17, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) aimed at curbing the use of artificial intelligence (AI) in robocalls and robotexts. The FCC explains that this NPRM is seeking to protect consumers from the abuse posed by AI in robocalls and robotexts. This NPRM may be finalized
On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data and privacy. (Although this is an annual report, the FTC last issued it in early 2021).
The Update shows
In April 2018, a PSA featuring former president Barack Obama made its rounds on the internet. In the video, Obama warned that we were “entering an era in which our enemies can make it look like anyone is saying anything at any point in time.” To hammer that point home, Obama referred to then-president Trump