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FTC Proposes Negative Option Rulemaking for Comment
October 21, 2019, Covington Alert
The Federal Trade Commission (“FTC”) has published a request for public comment on “ways to improve its existing regulations for negative option marketing.” 84 Fed. Register 52393 (October 2, 2019). The FTC acknowledges that negative option plans, such as prenotification negative option plans, continuity plans, and free trial and conversion plans, “can provide benefits to both sellers and consumers,” but the agency nevertheless continues to receive complaints from consumers about such plans.
October 2, 2019, Covington Alert
On September 26, 2019, staff from the Bureau of Consumer Protection in the Federal Trade Commission held a workshop on the agency’s experience with “Made in the USA” claims. The program consisted of a series of panel discussions between staff and representatives from the business and consumer advocacy communities. The workshop followed the Commission’s pledge ...
September 14, 2018, Covington Alert
On August 16, 2018, the U.S. District Court for the Northern District of California dismissed a major portion of the Federal Trade Commission's ("FTC") lawsuit against DIRECTV, which involved broad allegations of deceptive advertising in promotional offers for its annual subscriptions.
January 8, 2018, Covington Advisory
In late December, the Federal Trade Commission (“FTC”) released a Staff Report titled Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising. This Report is the most recent sign of the FTC’s continuing interest in native advertising and effective online disclosures. This study builds upon the ...