Advertising and Marketing
FTC Announces Action Against Ticket Resellers for Alleged Use of Illegal Tactics to Bypass Ticket Limit Protections in Violation of Better Online Ticket Sales Act
By Richard B. Newman |
On August 18, 2025, the Federal Trade Commission announced an action against a ticket broker operation for allegedly using unlawful tactics to exceed ticket purchasing limits for many popular events, including Taylor Swift’s Eras Tour, and resell the tickets at significantly higher prices, generating millions in revenue. “President Trump made it clear in his…
Guide to FTC Made in USA Advertising Do’s and Don’ts
By Richard B. Newman |
The Federal Trade Commission recently enacted the Made in USA Labeling Rule and updated its “Complying with the Made in USA Standard” business guidance. Both reinforce the “all or virtually all” standard. The following constitute key strategies that advertisers and manufacturers should consider when evaulating compliance and remediation programs, or when facing an FTC or…
Amendments to the FTC COPPA Rule Now in Effect
By Richard B. Newman |
On June 23, 2025, amendments to the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule became effective. The amended COPPA Rule (or, “Final Rule”) enhances obligations on many operators of websites and online services. The FTC previously amended COPPA in 2013 to address emerging technologies. What is the FTC Children’s Online Privacy Protection (COPPA) Rule? Congress…
Court Considers Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims
By Richard B. Newman |
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc., without limitation, violated the Consumer Legal Remedies Act and misrepresented that the company’s tea products as were “Manufactured in the USA 100% American Family Owned” and “America’s Classic.” Here, consumers initiated…
TCPA Revocation of Consent Rule Effective April 2025
By Richard B. Newman |
As previously blogged about in detail here and here, the TCPA rules on revoking consent for unwanted robocalls and robotexts becomes effective in April 2025. Revocation of prior express consent for autodialed, prerecorded or artificial voice calls (and autodialed texts) must be permitted to be made by “any reasonable means.” Additionally, callers may not infringe…
Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date
By Richard B. Newman |
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau. Just minutes thereafter, the rule was struck down by the…