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Key Update:
After sharing its initial proposals on videoconferencing platform accessibility (described in our previous blog post), on June 8, 2023, the Federal Communications Commission (FCC) voted to require videoconferencing platforms to comply with accessibility requirements under the Communications Act and agency rules governing interoperable videoconferencing services (IVCS). The corresponding Report and Order (R&O) was released on June 12, 2023, as well as a Notice of Proposed Rulemaking (NPRM) that seeks, among other things, to amend the FCC’s rules to better define the steps necessary to make an IVCS accessible to those with disabilities. The FCC also issued a separate Order granting telecommunications relay services (TRS) providers a limited waiver of the video relay services (VRS) privacy screen rule, which limits when VRS users can turn off their video when not actively participating in a video conference.
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On May 16, 2023, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced that she shared proposals with her fellow commissioners that would, for the first time, require videoconferencing platforms to comply with accessibility requirements under the Communications Act and agency rules governing interoperable videoconferencing services.
Among other things, Chairwoman Rosenworcel’s proposals would (1) treat “interoperable
The FTC published the proposed Negative Option Rule (Rule) to the Federal Register on April 24, 2023, with the goal of preventing unfair and deceptive practices related to recurring subscriptions for products and services. The FTC has invited the public to comment on proposed changes to the Rule. Written comments must be submitted by June
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Continue Reading Another Round of Notice of Penalty Offenses—The FTC Targets Health Claims
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Previously, the SWIFT track was only used for express claims, and NAD frequently rejected SWIFT treatment for challenges to implied claims. The process, however, is now expanded to include “misleading express and implied claims.” NAD hopes that by making the change it will reduce the number of disputes over SWIFT jurisdiction that revolve around whether the contested claim is express or implied.
Continue Reading National Advertising Division Expands Fast-Track SWIFT Process for 2023
As part of its assessment of the Guidelines for the Use of Environmental Marketing Claims (Green Guides), the Federal Trade Commission (FTC) will hold a workshop on May 23, 2023, to consider “recyclable” advertising claims and issues related to environmental claims. The workshop is titled “Talking Trash at the FTC: Recyclable Claims and the Green Guides.”
The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would have a sweeping effect on recurring subscriptions, requiring—similarly to some state laws—clear and conspicuous disclosure of material terms, double opt-ins for sign-ups, a simple cancellation method, and an annual renewal reminder. If approved, the Proposed Amendment would set a nationwide floor by requiring specific practices for subscriptions, but it would not supplant existing state laws addressing recurring subscriptions. The amendment would also greatly expand the FTC’s ability to seek penalties and consumer redress for violations.
Continue Reading FTC Proposes Rulemaking for Recurring Subscription Programs