Ad Law Access

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

Not All the Spaghetti Sticks: Post-AMG Court Rejects FTC 13(b) Statute Switch

The week started badly for the FTC when the U.S. District Court for the District of Columbia dismissed its antitrust complaint against Facebook (as well as a similar case brought by the attorneys general of 46…

TINA.org Lobbies FTC to Use Penalty Offense Authority against Direct Sellers

TINA.org continues to aggressively beat the enforcement drum. Today, its leaders sent a letter to Acting Director of the Bureau of Consumer Protection Samuel Levine encouraging the FTC “to implement a penalty offense…

Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

The Decision 1-800-Contacts is one of the largest sellers of contacts online. One of the principal ways consumers shop for contacts is through key word searches. In the past, certain 1-800-Contacts competitors…

Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases

The ripple effects continue from the Supreme Court’s holding in AMG Capital Management, LLC v. FTC, explaining that Section 13(b) of the FTC Act does not allow (and never did allow) monetary remedies. In some…

FTC Continues Push for Civil Penalties with Important Implications for Financial Institutions and MLMs

The FTC yesterday took two actions that on their face seemed part of the regular course, but that could signal notable changes for financial institutions and multi-level marketing companies. First, the FTC filed an…