Advertising and Marketing
FTC Scrutinizing Healthcare Lead Generators and Marketers as Open Enrollment Begins
By Richard B. Newman |
The Federal Trade Commission is closely scrutinizing the healthcare lead generation and marketing industry. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and…
FTC Announces Final “Click-to-Cancel” Recurring Subscriptions and Memberships Rule
By Richard B. Newman |
On October 16, 2024, the Federal Trade Commission announced sweeping changes to the Negative Option Rule. The final “click-to-cancel” rule will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s provisions will go into effect 180 days after it is published in…
TCPA Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025
By Richard B. Newman |
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11, 2025. On February 15, 2024, the FCC adopted the TCPA Consent Order in the above-captioned proceeding. In that rulemaking, the FCC adopted…
FTC Staff Issue Report on Multi-Level Marketing Income Disclosure Statements
By Richard B. Newman |
On Septemeber 4, 2024, the Federal Trade Commission announced that it has issued a report that details findings from a review of income disclosure statements from 70 different multi-level marketers (MLMs). Staff reviewed income disclosure statements in February 2023 that were publicly available on the websites of a wide array of MLMs, from large household names…
FTC Announces Final Rule Prohibiting Fake Consumer Reviews and Testimonials
By Richard B. Newman |
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows the FTC to strengthen enforcement, seek civil penalties against violators and deter AI-generated fake reviews. “Fake reviews not only waste people’s time and money, but also pollute the…
FTC Compliance Report Lawyer
By Richard B. Newman |
Federal Trade Commission orders, including those that arise from negotiated and stipulated settlements, as well as those that arise from litigated matters, often require Respondents to submit periodic reports on their efforts to comply with the order. Ensuring compliance with FTC orders is designed to remedy prior violations of consumer protection law and to prevent…