Ad Law Access

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

Second Circuit Hears Oral Argument Regarding the Proper Form and Measure of Monetary Redress (If Any) Permitted Under Section 13(b) of the FTC Act

On Friday, February 4, 2011, Judges Calabresi, Lynch, and Wesley of the U.S. Court of Appeals for the Second Circuit heard oral argument in FTC v. Bronson Partners, LLC, No. 10-878. The district court had found that…

D.C. Court of Appeals Upholds "Injury-in-fact" Requirement for Standing Under the D.C. Consumer Protection Procedures Act

Yesterday, an en banc panel of the D.C. Court of Appeals upheld two separate trial court determinations that a plaintiff must suffer “injury-in-fact” before initiating a claim under the District of Columbia Consumer…

New Green Claims Raise Red Flags

In October, we posted that the FTC had proposed revisions to the “Guides for the Use of Environmental Marketing Claims,” more commonly known as the “Green Guides.” Among other things, the FTC’s proposed revisions…

The Importance of Identifying the Correct Relief in FTC Litigation

For nearly 30 years, the Federal Trade Commission ("FTC") has sought, and federal courts have awarded, monetary redress for consumers in actions brought under Section 13(b) of the Federal Trade Commission Act ("FTC…

Florida Settles with Company Over Free Trial Offers and Automatic Renewals

Earlier this year, we posted that the Florida Attorney General had sued a company over allegations the company enrolled consumers in a monthly subscription program without the consumers’ knowledge or consent. According…