It’s been a busy year in consumer protection law and during this holiday season, we’re taking stock of the past year and looking ahead to what’s next.  In 2018, we saw many class actions related to pricing practices, scrutiny of Made in USA claims, continued growth in popularity and the evolution of influencers (CGI influencers!), changes to automatic renewal laws, and a new slate of FTC Commissioners.

In 2019, we expect significant activity in these areas, plus more activity related to consumer reviews and the Consumer Review Fairness Act.  Further, representatives from the FTC are signaling that the FTC may start seeking more monetary remedies for consumer protection violations moving forward (versus only injunctive relief and ongoing monitoring).  Finally, the growth of the blockchain and digital currencies has raised a number of complex legal issues that companies using the blockchain must navigate, and 2019 will likely bring additional guidance (and challenges) in this area.

For more thoughts on what comes next, see our Hot Ad Law Topics for the New Year.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Mark S. Goodrich Mark S. Goodrich

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers…

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers, negative option or “automatic renewal” of subscriptions, cause marketing, online disclosures, intellectual property rights, free offers, native advertising, and other Federal Trade Commission (FTC) rules and guidelines. He also frequently drafts rules for contests, sweepstakes and related games, and provides counsel on how to structure promotions to comply with state and federal laws.

Photo of Jason Howell Jason Howell

Jason Howell serves as co-chair of the Advertising, Marketing & Promotions practice and as a member of the Trademark, Copyright & Media practice.