Maine to Require Telemarketers to Check Reassigned Number Database
The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications...
View ArticleCourt Finds that Sunshine Reveals Puffery
Two consumers walked into supermarkets on a mission to find “nutritious, healthy snacks” that “would not likely increase [their] risk of disease” and later walked out with Fruit Bowls in Gel, Fruit...
View ArticleA Viewer’s Guide to FTC’s Vote on Banning Noncompete Clauses
The Federal Trade Commission will hold the most important meeting of this administration at 2 PM EDT Tuesday April 23, 2024. Commissioners will decide whether to issue a rule that declares most...
View ArticleCalifornia Publishes New Regulations Governing Charitable Campaigns
Doing good just got a little more complicated for companies that run charitable campaigns in California. In January 2023, we posted that California had passed a new law governing certain types of...
View ArticleNAD Determines a Money Back Guarantee Conveys Performance Claim
The Princeton Review advertises its MCAT preparation courses with the following copy: “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”...
View ArticleUpdate on TSR Amendments and Recordkeeping Requirements
As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16,...
View ArticleNAD Finds Disclosures for Comparative Claims Aren’t Clear
Glad advertises that its ForceFlex MaxStrength bags are “25% more durable.” More durable than what? If you follow an asterisk, you’ll learn that they are 25% more durable than Glad’s own 13-gallon...
View ArticleProposed Federal Legislation Would Require Warning Labels and Advertising...
On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the “Act”). In a press release that positions the...
View ArticleFTC Staff’s Revised MLM Guidance—More Content, Less Clarity
Yesterday FTC Staff released updated Business Guidance Concerning Multi-Level Marketing that provides a detailed account of their current perspective on applicable standards governing the direct...
View ArticleCalifornia DOJ Dispels Myths on New Hidden Fee Law
Last year, California enacted a law which will generally require companies to include all mandatory fees when they advertise prices. Starting on July 1, 2024, the following practices will be unlawful:...
View ArticleCalifornia Issues FAQs on Hidden Fee Law
This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer...
View ArticleNBA Hall of Fame Player Sues Over Unauthorized Use of Image
Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes...
View ArticleCFPB Report and Hearing with DOT Highlight Risks with Rewards Programs
Yesterday, the CFPB released a report on rewards programs that traces the rise of such programs and warns that it views certain practices as unfair, deceptive, or abusive acts and practices ripe for...
View ArticleSupreme Court Upholds CFPB Funding Mechanism as Constitutional, Quelling...
In a long-awaited decision with profound implications for the future of the agency, the Supreme Court held 7-2 today that the Consumer Financial Protection Bureau (CFPB) is constitutionally funded....
View ArticleNAD Reviews Green Claims for Trash Bags
HoldOn makes trash bags that are certified by the Biodegradable Products Institute (“BPI”) and TÜV Austria as compostable in commercial and home composting settings. The company advertises that the...
View ArticleArizona Turns Up the Heat in Amazon’s Legal Battles
General Kris Mayes recently filed two new lawsuits against Amazon. The first accuses Amazon of using “dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their...
View ArticleNY Case Addresses Publicity Rights for People in the Background of Social...
This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns...
View ArticleJoin Kelley Drye for an Upcoming Webinar: A Conversation with First Assistant...
Join Kelley Drye’s State Attorneys General team in our upcoming webinar led by Co-Chair, Paul Singer, Special Counsel Abby Stempson, and Senior Associate Beth Chun on Thursday, May 23, 2024 from 2:00...
View ArticleConsumer Enforcement Overview: 2024 NAAG Consumer Protection Spring Conference
Last week, State Attorneys General (AGs) and staff convened to discuss the hot topics in consumer protection in private and public sessions during the NAAG Consumer Protection Spring Conference. The...
View ArticleCalifornia AG Says Funeral Service Provider Made a Killing – At Consumers’...
“Everyone dies.” This was the first line in the California Attorney General’s 2021 complaint against the nation’s largest funeral service provider, Service Corporation International (“SCI”). Earlier...
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