As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and authorizes courts to impose civil penalties for knowing violations. This month, FTC staff released an FAQ with answers to
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Musk Escapes One Sweepstakes Lawsuit, But Ends Up in Another
Last month, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledged to support the Constitution, alleging that the sweepstakes was an unlawful lottery. A Pennsylvania judge dismissed the case, but the arguments that Musk’s team made during a hearing on…
Deadline for Carbon-Related Disclosures Under CA AB 1305 Quickly Approaching
The deadline for the California law requiring disclosure of information substantiating carbon reduction claims is January 1, 2025, so companies should begin working on these disclosure statements if they are not underway or posted on the website already.
As we wrote about here and here, California law, AB 1305, the Voluntary Carbon Market Disclosure…
Privacy and AI in the Trump 2.0 Era
With the results of the 2024 election now in, questions loom about the future direction of the Federal Trade Commission (FTC) and its privacy agenda. In recent years, the FTC has regulated non-HIPAA-covered health information through rulemaking and enforcement, treated browsing data as sensitive information, and consistently criticized interest-based advertising as a form of illicit…
What to Expect at the FTC Pre and Post-Inauguration
With the election decided, the speculation has begun. In our area of the law, that means a number of things, including what will happen at the FTC – with the current Commission and Chair Khan, with recently announced rules and those forthcoming, and with pending and future investigations, amongst other issues. Here are some of…
State AG Election Update
State attorneys general are the primary enforcers of consumer laws within their states and their activities and enforcement actions can have great impact on businesses and consumers. When the officeholder changes, often so do the priorities of the office (even for changes within a party). Therefore, staying informed about state AG election winners can be…
NAD Recommends More Prominent Disclosures on Beauty Influencer Posts
Last year, the FTC updated its Endorsement Guides to impose more stringent requirements on how influencers must disclose their relationships to the companies whose products they promote. Although the FTC later sent letters to two trade associations and 12 influencers warning that their disclosures failed to comply with the new requirements, the agency has been…
AI Alert: CFPB Tightens FCRA Rules for Employers
On Friday, we shared insights on the CFPB’s recent circular regarding the Fair Credit Reporting Act’s (FCRA) application to employer background checks and algorithmic tools. This development has significant implications for employers and software providers alike, marking a shift in how technology used for employment purposes is regulated under the FCRA.
The CFPB’s new stance…
LA Files a Lawsuit Alleging Plastic Recycling Deception as a Similar NY Suit is Dismissed
On October 31, 2024, LA County Counsel filed a lawsuit against PepsiCo and Coca Cola on behalf of California in an attempt to hold the companies “accountable for their role in the plastic crisis that is overwhelming the County.” On the same day, a New York state judge dismissed a similar lawsuit that the NY…
How Elon Musk’s $1 Million Election Sweepstakes May Affect Other Sweepstakes
Earlier this week, Philadelphia’s District Attorney sued Elon Musk over his political action committee’s sweepstakes to award a $1 million daily prize to swing-state voters who pledge to support the Constitution. The lawsuit alleges that the sweepstakes is “indisputably an unlawful lottery.” There’s arguably a lot wrong with the sweepstakes, but is it really a…