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Key Takeaways:

  • The U.S. Court of Appeals for the Eleventh Circuit recently vacated its April 2021 opinion holding that websites do not constitute places of public accommodations under Title III of the Americans with Disabilities Act (ADA).
  • Prior to this decision, the Eleventh Circuit was the only federal circuit court of appeal to explicitly hold that Title III of the ADA does not apply to websites, although federal courts are split as to whether Title III extends only to websites with a “nexus” to a physical location or to stand-alone e-commerce sites.
  • In 2021, as in other recent years, thousands of website accessibility cases were filed and an untold number of demand letters were received by businesses. Businesses should consider digital accessibility and ways to reduce risk of claims.


Continue Reading Eleventh Circuit Vacates Ruling That Websites Are Not Public Accommodations Under the ADA

The new Self-Regulatory Guidelines for Children’s Advertising (the Guidelines) issued by the Children’s Advertising Review Unit (CARU) went into effect on January 1, 2022. The Guidelines apply to advertising that is primarily directed at children under the age of 13 in any medium. CARU will monitor child-directed advertising and media for compliance with the Guidelines

Key Takeaways:

  • The FTC’s new Enforcement Policy Statement provides a roadmap for how the FTC may enforce against allegedly unfair and deceptive practices related to automatically recurring subscriptions.
  • The Enforcement Policy Statement may indicate a more aggressive approach by the FTC toward recurring billing and subscription programs.


Continue Reading FTC Issues Enforcement Statement on Recurring Subscription Programs and Dark Patterns

For 50 years, the National Advertising Division (NAD) has been at the forefront of monitoring national advertising, enforcing high standards of truth and accuracy, and resolving advertising disputes (typically between competitors) to build consumer trust and support fair and truthful marketing. In this episode, Jason Howell and Amanda Beane talk with Vice President of the

Key Takeaways:

  • On October 4, 2021, California passed an amended automatic renewal law that will require businesses to follow stricter cancellation and notice requirements for subscription-based products and services.
  • The updated law goes into effect on July 1, 2022.


Continue Reading California Passes Updated Automatic Renewal Law

Key Takeaways:

  • FTC sends Notice of Penalty Offenses to advertisers warning that unfair and deceptive acts and practices related to endorsements could trigger penalties of up to $43,792 per violation.
  • Advertisers should review and refresh their policies, trainings, and compliance programs for endorsements, influencers, and consumer reviews to ensure compliance with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides) and related FTC guidance and notices.


Continue Reading FTC Issues Notice of Penalty Offenses Warning Companies to Comply with Endorsement Requirements

Key Takeaways:

  • The FTC is prioritizing investigations into and actions against false and misleading advertisements in healthcare markets.
  • Companies with healthcare products, especially those advertising medical treatments, should take care to ensure they do not overstate the efficacy of those treatments and back up advertising with necessary scientific evidence.


Continue Reading FTC Follows Through on Prioritizing Investigations into False Advertising in Healthcare Markets