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Consumer Protection Review

Consumer Protection Review

Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. Subscribe 🡢

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CARU Updates Children’s Advertising Guidelines

Key Takeaways

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Government

MoviePass Settles with the FTC Regarding Limitations on Subscribers’ Usage

Key Takeaways: 

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Flag hanging from corporate building

FTC Gives Teeth to Made in USA Enforcement

Earlier this month the Federal Trade Commission formally codified its long-standing Made in USA guidelines into a formal rule that will go into effect August 13, 2021. 

The law is consistent with prior guidelines:

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girl in warehouse walking

FTC Brings Action Alleging False PPE Delivery Claims

Key Takeaways: 

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Corporate Building

National Advertising Division Weighs in on Advertising Claims Related to Lab-Grown Diamonds

Key Takeaways: 

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Phone Consumer

Loyalty and Rewards Programs

Jason Howell and Amanda Beane team up with Miriam Farhi, co-chair of Perkins Coie's Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.

Listen here.

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Retail Consumer Labels

Nearly 100 Cases Claim That Baby Food is Tainted With “Dangerous Levels” of Heavy Metals; Here’s What You Need to Know

Key takeaways: 

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Gavel banging

Supreme Court Rules FTC Cannot Obtain Monetary Relief Under Section 13(b)

On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a "permanent injunction" under Section 13(b) of the Federal Trade Commission Act does not permit the FTC to obtain equitable monetary relief such as restitution and disgorgement. 

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Pillars of a courthouse

Subscriptions and Recurring Billing: What You Need to Know

New York's new automatic renewal law is just one of many state laws affecting recurring billing and subscriptions. In this episode, Jason Howell and Amanda Beane discuss compliance tips and litigation risks for businesses. 

Listen here.

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World Cybersecurity

Eleventh Circuit Rules that Websites Are Not Public Accommodations Under the ADA

On April 7, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in a closely watched web accessibility case, holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA). 

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Technology Grid

FTC Announces Workshop to Address Digital “Dark Patterns”

On April 29, 2021, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to "dark patterns"—website and app interface features designed to subvert or impair consumer autonomy, decision-making, or choices. 

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Advertising, Marketing & Promotions (Primary) - updated

Ninth Circuit Revives False Advertising Case Involving Product Review Site Given Alleged Undisclosed Connections to Plaintiff’s Competitor

In a published ruling, the Ninth Circuit recently held that a company potentially stated a claim for false advertising under the Lanham Act when it alleged that a product review site had significant undisclosed financial connections to a competitor while purporting to be independent. 

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Office with Desks and Computers

Practice in a Pandemic: In-house Counsel Work and Life Tips

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 Jason Howell, Amanda Beane and guest Lindsey Buckner from 7-Eleven discuss common challenges for in-house legal, including how to seamlessly integrate with in-house marketing teams and how to create work-life bound

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Flag Column

What to Expect From Acting Chairwoman Rosenworcel’s FCC

President Biden has appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission. 

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Conference Room

California Proposes New Short-Form Prop. 65 Warning Labels

On January 8, 2021, California's Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses selling to California consumers may use short-form Proposition 65 warnings on their

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