December 12, 2018

RECENT NEWS

FTC Testimony Signals Possible Increase in “Made in USA” Advertising Scrutiny

Consumer Perception Surveys in NAD Cases

Senate Confirms Kathleen Kraninger as CFPB Director

NAD Finds Line Claims in Charter Commercial

Kelley Drye's Ad Law Access Blog Chosen As One of the ABA Journal's Web 100

DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms

FTC Settlement Addresses Influencers and Native Ads

Company Sues Influencer for Failing to Influence

Inside the TCPA, Episode 4: FCC Enforcement and the Policy Puzzle

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ANALYSIS

What The FTC Said About Direct Selling In 2018
Earlier this year, the Federal Trade Commission released new business guidance for direct sellers and multilevel marketers describing the legal principles that it will apply when evaluating practices under the FTC Act. Law360 published the article “What The FTC Said About Direct Selling In 2018,” co-authored by partner John Villafranco and senior associate Donnelly McDowell. The article discusses the FTC guidance along with recent enforcement actions and staff comments, and poses seven questions direct sellers and multilevel marketers should consider as we close out 2018 and look toward the future. 

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TCPA FCC Petitions Tracker
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be primary jurisdiction referrals or be presented directly by a litigant in a TCPA action. The FCC currently has a number of petitions pending related to TCPA interpretation.

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UPCOMING EVENTS AND SPEECHES

IN FASHION: Kelley Drye’s 5th Annual Fashion and Retail Law Summit
January 17, 2019 | NEW YORK, NY
Kelley Drye & Warren LLP

Major Challenges on the Privacy and Data Protection Front 
February 5, 2019 | NASHVILLE, TN
Consumer Protection Conference
Dana Rosenfeld

Living in the Modern World: What to Expect Following the FTC’s Hearings on Competition and Consumer Protection in the 21st Century
February 5, 2019 | NASHVILLE, TN
Consumer Protection Conference
Alysa Hutnik 

Trust the Process? The Challenger's Perspective to Policing Competitors' Advertising Claims
March 19, 2019 | WASHINGTON, D.C.
2019 ANA Advertising Law & Public Policy Conference
John Villafranco