Key Takeaways:

  • The Federal Trade Commission (FTC) issued two new guides for platforms and marketers to help ensure transparency in online reviews and address soliciting, moderating, and reporting reviews, and the use of third-party “reputation boosting” services.
  • The FTC has actively enforced against companies responsible for publishing deceptive reviews and blocking honest reviews, and recently announced a proposed $4.2 million settlement with online retailer Fashion Nova over the retailer’s practice of review-gating.

Continue Reading FTC Guidance for Platforms and Marketers Utilizing Online Customer Reviews

Jason Howell and Amanda Beane talk with Janis Kestenbaum, partner at Perkins Coie and former Federal Trade Commission (FTC) attorney, about the makeup and direction of the FTC as it relates to advertising and marketing law. They focus on how the aggressive tendencies of the current commission will affect marketing and advertising-related enforcement trends.

Listen to “FTC Enforcement Hot Topics – Episode 9” on Spreaker.

Note that all episodes are available on Apple Podcast and Spotify.

Key updates:

  • The U.S. Court of Appeals for the Eleventh Circuit has declined to reconsider its decision to vacate the trial court’s judgment in Gil v. Winn-Dixie Stores, Inc., ending litigation on one of the most significant website accessibility cases in the country. See our recent blog post regarding previous developments.
  • On February 28, 2022, almost 200 advocacy groups, led by the American Council of the Blind and others, published a “Joint Letter to Enforce Accessibility Standards” to the head of the U.S. Department of Justice (DOJ) Civil Rights Division.

Continue Reading Eleventh Circuit Denies Rehearing in ADA Website Accessibility Case

In November and December 2021, the U.S. Department of Justice entered into settlement agreements with two private companies and one public entity addressing website accessibility, signaling increased enforcement activity in this area. This update provides more information about the settlement agreements and DOJ’s approach to website accessibility.

Click here to read the full update.

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 to ensure that advertising directed at children is not deceptive, unfair, or inappropriate for children.

For additional information about the Guidelines, see our blog post here.

‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims. Ring in the new year with these top five U.S. advertising and marketing law takeaways.

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

Jason Howell and Amanda Beane team up with Mark Richardson from Target Corporation to discuss the New York state Pink Tax law and its application to retailers and brands. Jason, Amanda, and Mark also discuss best practices for in-house counsel, including navigating working from home during the pandemic.

Listen to “Gender-based Pricing – Episode 8” on Spreaker.

Note that all episodes are available on Apple Podcast and Spotify.