The legal battles over loot boxes continue, with gaming companies vigorously defending the use of randomized in-game rewards against allegations that they constitute unlawful gambling.

In a closely watched case pending in the U.S. District Court for the Western District of Washington, lawyers for plaintiff-gamers have urged the court to reject Valve Corporation’s motion to dismiss a proposed class action alleging that the company’s loot box system violates Washington gambling laws.

The dispute highlights the continuing uncertainty surrounding one of the gaming industry’s most controversial monetization practices and comes amid increasing regulatory attention in the United States and abroad.

Continue Reading Loot Box Litigation Intensifies as Valve Fights Gambling Claims

Last week, the Seventh Circuit severely narrowed the Telephone Consumer Protection Act’s (TCPA) application to text messages, following several district court decisions. The court held that private litigants cannot sue under the Do Not Call prohibitions when a sender fails to honor opt-out requests for unwanted marketing text messages.

The decision may limit one avenue of TCPA liability, but it does not simplify compliance. Instead, the Seventh Circuit’s departure from other appellate courts adds uncertainty for businesses and could accelerate Supreme Court review of whether and how the TCPA applies to text messages.

In Steidinger v. Blackstone Medical Services, the Seventh Circuit concluded that although the Federal Communications Commission (FCC) interpreted the Do Not Call provision to apply to text messages, Congress limited 227(c)(5)’s private remedy to repeated telephone calls, not text messages.

Continue Reading Seventh Circuit Creates New Uncertainty for TCPA Text Message Compliance

On June 29, 2026, the Supreme Court held in a 6-3 decision in Trump v. Slaughter that the Federal Trade Commission (FTC) Act’s for-cause removal provision is unconstitutional. The Court overruled Humphrey’s Executor v. United States and held that statutory restrictions on the President’s ability to remove FTC Commissioners violate the separation of powers.

The separation of powers is a fundamental tenet of our democracy. The United States Constitution diffuses the authority of the federal government across three branches, each with a distinct set of constitutional responsibilities. Exercising its legislative authority, Congress has created administrative agencies—federal organizations housed in the executive branch who act with power delegated from Congress to promulgate rules, investigate violations of those rules, and carry out adjudications. For decades, Congress made choices about not only the structure of those agencies, but also the degree of direct presidential control over agency leadership.

Continue Reading Supreme Court Overrules Humphrey’s Executor and Permits At-Will Removal of FTC Commissioners

States continue to devote significant attention to consumer protection and pricing transparency issues. During the 2025-2026 legislative cycle, legislatures across the country introduced, debated, enacted, and, in some cases, rejected legislation relating to surcharging, “junk fees,” interchange fees, and related pricing practices. Although the status of individual bills varies and legislative sessions have now concluded in many states, these measures provide a useful illustration of the approaches states are considering and signal that similar proposals are likely to continue emerging in future legislative sessions. As a result, companies should remain diligent in monitoring developments across jurisdictions to ensure their awareness of and compliance with applicable laws and regulations.

With respect to surcharging, states have pursued a variety of approaches, with some considering outright prohibitions and others seeking to impose limits or conditions on surcharge practices. For example, New Jersey considered legislation (NJ AB4807) that would prohibit surcharging altogether. Other states explored permitting surcharges while limiting the amount that may be charged. In Georgia (GA HB700) and Oklahoma (OK SB2132), lawmakers considered proposals that would restrict surcharge amounts by reference to merchants’ processing costs. In addition, some states examined legislation that would permit surcharging only where alternative payment methods not subject to surcharges are available. Examples include Illinois (IL SB1931) and Minnesota (MN SF3875). Finally, several states have focused specifically on debit card transactions. Louisiana recently enacted legislation (LA SB254) that prohibits retail businesses from imposing a surcharge on consumers who pay with a debit card and creates a private right of action for consumers harmed by violations of the Act. The Louisiana bill was signed by the governor and will become effective on August 1, 2026.

Continue Reading State Fee Regulation Trends: Surcharging, Junk Fees, UDAP, and Interchange Fees

As of June 9, 2026, New York requires certain advertisements that use artificial intelligence-generated human performers to include a disclosure informing consumers that the advertisement contains a synthetic performer.

What Counts as a Synthetic Performer?

Governor Hochul’s office described the measure as the “first-in-the-nation” law aimed at increasing transparency around the use of AI in advertising. The law applies to commercial advertisements that depict a “synthetic performer,” defined as a digitally created, reproduced, or modified asset generated through artificial intelligence or other software that creates the impression of a human performer, but is not recognizable as any actual person.

Continue Reading New York AI Advertising Disclosure Requirement Now in Effect

What Is RSL Media and Why Does the Human Consent Standard Matter?

On May 12, 2026, RSL Media launched as a public benefit nonprofit co-founded by CEO Nikki Hexum, Cate Blanchett, Doug Leeds, and Eckart Walther. Its mission is to make human consent machine-readable and discoverable to AI systems through the Human Consent Standard, which allows any individual to declare whether AI systems may use their creative works, identity, likeness, voice, characters, or marks. Endorsements from several famous actors and organizations, such as a major talent agency and the Music Artists Coalition, highlight this as one of the entertainment industry’s potential technological answers to unauthorized AI exploitation.

RSL Media builds on the Really Simple Licensing (RSL) standard, an open protocol launched in late 2025, enabling machine-readable AI usage terms for website content, now claiming support from over 1,500 publishers, brands, tech companies, and media organizations. While the original RSL addressed content at a specific URL, the Human Consent Standard applies to “the underlying work, identity, character, or mark itself, wherever it appears.”

Continue Reading A New Framework for AI Permissions in Entertainment: RSL Media’s Human Consent Standard

Given the changes in the advertising world concerning media buying over the past decade, it is somewhat surprising to see that in a recent survey, nearly 40% of client-side marketers said they either have not updated their media buying agency contracts to address principal media, or do not know whether they did.

After its extensive 2016 report on media transparency, the Association of National Advertisers (ANA), a trade group made up primarily of brand advertisers, has been following up with sample contract templates, reports, surveys, and other useful tools to assist with the contracting process between media buying agencies and brand clients. Recently, the ANA released the results of a new survey it conducted about media transparency, which reflects both progress and continuing concern.

Continue Reading Principal Media and Media Agency Contracts: Lessons From the Recent ANA Survey

We’ve all had that moment when we see an ad on social media for a product we were just talking to a friend about. Cox Media Group wanted its customers to believe it was behind this eerily too common phenomenon, but the FTC said otherwise.

On May 21, the Federal Trade Commission (FTC) announced proposed settlements with three companies—CMG Media Corporation, MindSift LLC, and 1010 Digital Works LLC—to resolve charges that they deceived small business customers by selling an advertising service called “Active Listening.”

Continue Reading FTC Settlement Highlights Risks of Deceptive AI Marketing Claims

Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire Tool Kit.

Telemarketing and Texting

Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and states enforce do-not-call (DNC) laws and impose multiple other requirements regarding calling manner, disclosures, consent, opt-out, calling hour limits, caller identification, and telemarketer registration. Calls and texts made to cell phones through the use of certain types of dialing technology (including autodialers) and prerecorded messages (so-called robocalls) require particular attention, as much of the enforcement and litigation in this area involves texting and robocalling.

Continue Reading Inside the Ad Law Tool Kit: Telemarketing and Texting

Last month, a jury found mobile gaming company Papaya Gaming Ltd. liable for false advertising for $420 million in actual damages under the federal Lanham Act and New York State law. Papaya competitor Skillz Platform Inc. had alleged that Papaya conducted a multi-year campaign of fraud and false advertising that materially damaged Skillz and the skill-based gaming industry. 

The case may appear, on first blush, to be about the use of bots to play, and therefore whether the games at issue were genuine skill contests, or rather just games of chance. However, the claims in the case were actually premised on more traditional, run-of-the-mill false advertising questions. 

Continue Reading Skill-Based Gaming Companies Face Growing False Advertising Scrutiny