Ad Law Access

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

Kick-Off Time for FTC Rulemaking on Earnings Claims

Last Thursday (February 10), the FTC announced that it “will vote” at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on “deceptive earnings claims for business ventures, gig or…

Upcoming webinar on recent FTC privacy developments and predictions for 2022

Please join us for a webinar on February 24, 2022 at 4 p.m. on recent and upcoming FTC developments. The webinar will feature Kelley Drye’s Jessica Rich and Aaron Burstein, both former FTC officials. Here’s a taste…

Dark Patterns: A New Legal Standard or Just a Catchy Name? (Part Two)

In Part One of this discussion, we provided background on the concept of dark patterns and analyzed some recent examples from State AG enforcement. We concluded that, in alleging dark patterns, State AGs are…

Senate Spars with FTC BCP Director Sam Levine over FTC Enforcement, Surprisingly from Both Sides

Yesterday, the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety and Data Security held its second hearing in less than a year on COVID-19 fraud, price gouging, and related enforcement…

Dark Patterns: A New Legal Standard or Just a Catchy Name? (Part One)

State and federal regulators have definitely put a new emphasis on combatting so-called “dark patterns” – a term attributed in 2010 to user-experience expert Harry Brignull, who runs the website darkpatterns.org.…