Ad Law Access

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

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…

Pending Legislation Would Require Country of Origin Disclosures for Online Product Offerings

The Senate recently passed the Country of Origin Labeling Online Act (COOL Online Act) with overwhelming bipartisan support. Currently, U.S. law requires that external packaging for many products state the product’s…

Another Arrow In The Quiver: ROSCA as an Alternative to 13(b) In Obtaining Monetary Relief

There are some really smart lawyers at the FTC. For over 40 years, they were able to convince the federal judiciary (and, let’s face it, most of us) that the FTC had an authority that a unanimous Supreme Court in AMG…

Colorado Passes Privacy Bill: How Does it Stack Up Against California and Virginia?

Update: Governor Polis signed SB 21-190 into law on July 7, 2021, see our updated blog post here . The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as…