NAD announced a decision involving various claims made by Accredited Debt Relief and its marketing agency. Although parts of the decision will likely only be of interest to companies who operate in the debt settlement space, the decision also holds some important lessons for companies that operate outside of that space. We’ll focus on those in this post.

https://www.adlawaccess.com/2022/11/articles/nad-decision-on-debt-claims-holds-lessons-across-all-industries/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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The FTC’s Advanced Notice of Proposed Rulemaking (ANPR) seeking comment on a potential rule prohibiting “junk fees” and related practices hit the Federal Register yesterday. The rule has the potential to fundamentally alter how fees are disclosed in advertising and across the customer experience in nearly every industry that charges some type of fee. Interested parties now have until January 9 to provide comments and feedback on the proposal. The ANPR’s publication follows a series of meetings and announcements by the FTC, CFPB, and President Biden that the administration was taking actions to prohibit so-called “junk fees” that “can weaken market competition, raise costs for consumers and businesses, and hit the most vulnerable Americans the hardest.”

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In a case that will likely resonate with many readers, the FTC’s recent settlement with Vonage describes in excruciating detail the obstacles and costs that Vonage allegedly imposed on consumers when they tried to cancel their phone service. In many ways, it’s a typical FTC case involving deception, unauthorized charges, and misuse of a “negative option” that makes it simple to sign up and almost impossible to cancel. However, the FTC’s characterization of the practices as “dark patterns,” coupled with some other features, make this case stand out. Indeed, any company with a “customer retention strategy” (which is apparently what this was)would be wise to pay attention.

Contact


Jessica L. Rich


[email protected]


(202) 342-8580


Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich

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CPRA Rule Revisions Unlikely to be Finalized in 2022 by Kelley Drye Advertising Law

Blurred Lines - A Rundown on the FTC Workshop “Protecting Kids from Stealth Advertising in Digital Media” by Kelley Drye Advertising Law

As we’ve previously reported, the fight against “big tech” remains a high priority for State Attorneys General on both sides of the aisle. A lot of activity took place over the summer that continues to reinforce the AGs’ broad consumer protection and antitrust powers in this increasingly important area. As we move into the election season, we thought it a good time to highlight some of the recent developments, as they will no doubt set the trend for 2023.

https://www.adlawaccess.com/2022/10/articles/state-attorneys-general-big-tech-update/

Paul L. Singer


[email protected]


(202) 342-8672


Bio - www.kelleydrye.com/Our-People/Paul-L-Singer

Beth Chun


[email protected]


(202) 342-8671


Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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In late September, we blogged about a lawsuit that the Chamber of Commerce and other business groups filed against the CFPB, challenging the CFPB’s update to its Supervision and Examinations Manual. As updated, the manual now states that discrimination is an “unfair” practice under the Dodd-Frank Act, and that the agency plans to scrutinize it “across the board in consumer finance,” “including in situations where fair lending laws may not apply.” We noted in our blogpost that the FTC and the State AGs were also sending signals that they planned to challenge discrimination using their unfairness authority.

Well, the FTC just did. On October 18, it announced a settlement with Passport Automotive Group resolving allegations (among other charges) that Passport engaged in an unfair practice when it imposed higher costs on Black and Latino customers than on similarly situated non-Latino White customers. The vote was 4-1, with Commissioner Phillips dissenting and Commissioner Wilson concurring in part and dissenting in part.

https://www.adlawaccess.com/2022/10/articles/update-on-discrimination-and-unfairness-the-ftcs-case-against-passport-automotive-group/

Jessica L. Rich


[email protected]


(202) 342-8580


Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich

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The FTC has made it a priority to combat fake and misleading reviews. For example, just this year alone, the FTC announced a settlement with a retailer over its failure to post negative reviews, announced a settlement with another retailer over its failure to disclose that reviews were incentivized, partnered with six states to file a lawsuit against a company that allegedly purchased fake reviews, and proposed changes to the Endorsement Guides that would provide more detailed guidance on these practices.

https://www.adlawaccess.com/2022/10/articles/ftc-explores-new-rule-to-combat-fake-reviews/

www.adlawaccess.com/2022/10/article…-of-the-clause/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

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We all know a person that can be unpredictable and erratic. It can be fun to hang out with that person occasionally, because you’ll likely have funny stories to share with your friends the next morning, but you probably wouldn’t want to be married to them, because those same stories are less funny when you share them with your divorce lawyer. The same is probably true with relationships between brands and some celebrities.

In 2013, Adidas entered into a relationship with Kanye West to create Yeezy-branded shoe and clothing collections. Although it was a lucrative relationship, Kanye has said and done some things in the years since then that must have had the brand cringing. After Kanye made a series of anti-Semitic tweets and comments, Adidas decided it had had enough and called its divorce lawyers. The relationship officially ended this week.

https://www.adlawaccess.com/2022/10/articles/morals-clauses-generally-give-companies-the-right-to-terminate-an-agreement-if-a-celebrity-commits-an-act-that-falls-within-the-scope-of-the-clause/

Gonzalo E. Mon

Phone: (202) 342-8576

Email: [email protected]

Bio: www.kelleydrye.com/Our-People/Gonzalo-E-Mon

Download the Ad Law Access App www.kelleydrye.com/News-Events/New…ind-Advertising

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Anyone who has strolled the supermarket alcohol aisle in recent months may fairly stand in awe of the proliferation of boozy and not-so-boozy drinks in pretty packages, with small cans and pastel colors making it difficult to immediately discern whether they contain alcohol and, if so, how much. According to Nielsen data, in 2021, off-premise sales of no- and low-alcoholic beverages were $3.1 billion, up from $291 million the year before, with 30% predicted growth by 2024. As more low and no-alcohol products come to market, beverage makers will have to navigate the jurisdictional and labeling regulations, which can be tricky, as illustrated by a recently-filed false advertising case involving allegedly boozy kombucha.

https://www.adlawaccess.com/2022/10/articles/beverage-makers-served-a-reminder-by-kombucha-false-advertising-case/

Kristi L. Wolff

(202) 342-8805

www.kelleydrye.com/Our-People/Kristi-L-Wolff

Cristina Ferrett

(212) 808-5057

https://www.kelleydrye.com/Our-People/Cristina-Ferretti

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