Ad Law Access

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

What The FTC Said About Direct Selling In 2018

Earlier this year, the Federal Trade Commission released new business guidance for direct sellers and multilevel marketers describing the legal principles that it will apply when evaluating practices under the FTC Act.…

Senate Confirms Kathleen Kraninger as CFPB Director

The Senate today confirmed Kathleen Kraninger as CFPB Director by a party-line, 50-49 vote, with Sen. Tillis abstaining. Kraninger will replace current Acting Director Mick Mulvaney, who also currently oversees…

FTC Testimony Signals Possible Increase in “Made in USA” Advertising Scrutiny

Kelley Drye

On November 27, the FTC Commissioners testified on a range of issues before the Senate Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security. One excerpt that caught our attention was their…

NAD Finds Line Claims in Charter Commercial

One of the issues that frequently comes up in NAD cases is “line claims.” Does an ad convey a claim about a specific product? Or does it convey a claim about an entire line of products? This week, NAD released a…

DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms

In July, a DC District Court ruled that eBay could not compel a user of its services to arbitrate a dispute, even though the user had agreed to by bound by eBay’s User Agreement. That Agreement stated that the company…