Ad Law Access

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

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.…

The Pink Tax: A Litigation and Legislation Update

We previously reported on an emerging legislative and litigation trend relating to the “pink tax” – a gender-based pricing phenomenon that allegedly results in higher prices for goods and services marketed towards…

(Un) Check Your Checkboxes: States not Preempted by FECA

On January 26, Minnesota Federal District Court Judge John Tunheim dismissed a pending action for declaratory relief brought by WinRed, Inc., seeking to enjoin an ongoing consumer protection investigation brought by…

FTC Continues to Focus on Incentivized Reviews

Last week, we wrote about the FTC’s first case involving a company’s failure to post negative reviews. Just a few days later, the FTC reached a $3.5 million settlement with Hubble Contacts. Although much of the FTC’s…

FTC Settles with Company Over Failure to Post Negative Reviews

Companies often ask us whether they can highlight positive reviews without mentioning negative ones. The good news is that there are ways to do that, but when the conversation veers from highlighting positive reviews…