Check your spam filters, as it is quite possible that they may have filtered out some Federal Trade Commission (FTC or the Commission) emails last week because of the literal deluge of emails spewing forth from the agency. The emails were actually legit – but the flood of activity in the last week of then
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In the Matter of ‘accessiBe’ – Can This Case Provide a Window into the Direction of Andrew Ferguson’s FTC?
On Jan. 3, the Federal Trade Commission (FTC) announced a settlement with software provider accessiBe. At first, accessiBe seems to be a simple, routine FTC case following the traditional formula: Advertising + False Promises = FTC Action. However, at second glance, accessiBe can provide a much-needed window into the direction of the next FTC administration.…
Promotions Trends to Look for in 2025
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…
ANA Children’s Advertising and Privacy Roundup
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…
FTC’s Operation AI Comply – Let’s Discuss Dissents
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 Recap
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…
When Can the FTC Get $50,000 for a Consumer Review Snafu? Key Things to Know about the Rule on the Use of Consumer Reviews and Testimonials
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…
Senate Passes KOSA and COPPA 2.0
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),…
AI’s Calling; Will You Answer? FCC Considering New Requirements for AI-Generated Calls
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…
FTC Releases Privacy and Data Security Update
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…