Ad Law Access

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

Next Up – Earnings Claims: Notice of Penalty Offenses Sent to 1,100 Direct Selling Companies and Others in the Gig Economy

In its third recent Penalty Offense Authority notice, the FTC today notified more than 1,100 companies offering “money-making opportunities” that it intends to pursue civil penalties of up to $43,792 per violation for…

Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers

Over the last ten days, 700 companies and 70 for-profit colleges received notice of the FTC’s intent to pursue civil penalties under Section 5(m)(1)(b), if these companies and colleges engage in certain conduct…

FTC Blankets Companies With Warning Letters Over Endorsements and Reviews

As we have noted in earlier posts, in the wake of the Supreme Court’s holding that Section 13(b) of the FTC Act does not allow for monetary restitution, the Federal Trade Commission has been attempting to creatively…

Cracks in the Privacy Wall Between Kids and Teens: Is Teen Privacy Legislation on the Horizon?

Since Congress enacted the Children’s Online Privacy Protection Act ( COPPA ) in 1998, the regulatory wall between kids and teens has been a remarkably durable one. During all this time, COPPA, the primary U.S. law…

Pushing the Boundaries of Existing Authority: Section 19 Post-AMG Capital Management

It was an extraordinary week as the FTC continued to press the frontier of the post- AMG Capital Management landscape. On Friday, the Commission, making good on promises to creatively explore all of its options for…