Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

California Federal Court Stays Trial Pending Supreme Court Ruling on Reach of Section 13(b) of FTC Act

On August 20, a Northern District of California court stayed the trial of an action the FTC brought against Lending Club in 2018 pending a Supreme Court ruling on the FTC’s authority to seek monetary restitution under…

Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)

The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC . The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does…

The Boundaries of the FTC’s Section 13(b) Authority: 24 State AGs Weigh In

On January 30 th, 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…

Section 13(b) at the New Year: Where Things Stand in the Fight Over The FTC’s Enforcement Authority

The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act. As we head into 2020, a level-set is in order. To File or Not…

2019 Selected Top Ad Law Access Reads and Listens

In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others: California Consumer Privacy Act (CCPA) CCPA was far and away the most popular topic of 2019…