It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania provides us with just that. On March 29, 2024 the court issued a 55-page opinion following a 15-day bench trial on the FTC and Pennsylvania attorney general’s claims against American Future Systems, Inc. and its two co-defendants, finding in favor of the defendants on all six counts. The FTC and Pennsylvania AG challenged telemarketing for print publications, claiming defenda ..read more

In February 2024, a New York federal jury returned a split verdict in the New York attorney general’s lengthy battle against Quincy Bioscience, finding that certain of Quincy’s efficacy and establishment claims for a dietary supplement called Prevagen were materially misleading. Quincy advertises that Prevagen improves memory through an active ingredient derived from jellyfish. The Federal Trade Commission (FTC) and the New York AG jointly brought the case against Quincy in 2017, alleging its marketing of Prevagen was unfair, deceptive, or false advertising in violation of Sections 5 and 12 of ..read more

Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a self-regulatory body that can promote industry-wide policies and heightened compliance. However, late last month, the FTC criticized guidance promulgated by a self-regulatory body calling into question how much the current FTC values industry self-regulation.   In 2023, the BBB National Programs’ Direct Selling Self-Regulatory Council (DSSRC), a self-regulatory agency for multi ..read more

Episode 12 of the Ad Law Tool Kit Show, “Telemarketing and Texting,” is now available. Listen here, or search for it in your favorite podcast player. Telephone and text marketing is ubiquitous these days. But those tools also pose private litigation risks and regulatory hurdles that marketers should be aware of at the outset of any campaign. They involve legal and regulatory complexities, including do-not-call laws enforced by the FTC, FCC, and states. In this episode, I talk to Venable partner Ari Rothman about how litigation often concerns consent for autodialed calls and texts. State laws m ..read more

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear an author of this chapter dive deeper into state AG inquiries in this week’s episode. State attorneys general (AGs) are the chief legal officers of their states or territories and can bring actions to protect the “public interest” in almost any area of law. They represent the state government and the general public and have broad jurisdicti ..read more

Episode 11 of the Ad Law Tool Kit Show, “State Attorney General Investigations,” is now available. Listen here, or search for it in your favorite podcast player. State attorneys general (AGs) are the chief legal officers of their states, and their areas of concern are vast. Aggressive enforcement against telemarking, debt relief, privacy violations, and charity fraud can generate goodwill with an AG’s state residents. Compliance with laws, prompt complaint resolution, and proactive engagement with AGs are crucial. In this episode, I talk to former Venable partner Alex Megaris about how busines ..read more

helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear the authors of this chapter dive deeper into website accessibility in this week’s episode. Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites? In a few jurisdictions, Title III applies only if the website has a nexus to an actual physical space. For instance, the Californi ..read more

On March 14, the Federal Communications Commission (FCC) adopted new rules that require cable television operators and satellite video providers to specify the aggregate monthly all-in price for video programming services on customer bills, any advertising, and all promotional materials in a “clear, easy-to-understand, and accurate single line-item.” The price must include all charges for broadcast stations, sports programming, and any other programming. Other line items such as taxes, administrative fees, equipment fees, franchise fees, and fees for public, educational, and governmental ..read more

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear an author of this chapter dive deeper into copyright counseling and protection in this week’s episode. A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social ..read more

Last month, the Supreme Court of Maryland delivered a pivotal ruling defining the scope of the Maryland Telephone Solicitations Act (MTSA), holding that the act extended to inbound calls initiated by consumers who engaged with merchant advertisements. The Maryland Supreme Court also confirmed that the Maryland Public Service Commission can enforce the MTSA against covered entities. The case, In the Matter of Smart Energy Holdings, LLC D/B/A SmartEnergy, originated in response to customer complaints to the Public Service Commission’s Consumer Affairs Division (CAD) alleging that their bills wer ..read more