The Federal Communications Commission (FCC) has further extended the effective date of the Revoke All consent rule from April 11, 2026 to January 31, 2027. That rule requires businesses to treat a consumer’s consent revocation request made in response to one type of text message or call as applicable to all future calls and texts
FTC Signals Heightened Enforcement of New Consumer Review Rule
The Federal Trade Commission (FTC) issued warning letters to ten companies for alleged deceptive review practices, indicating its intent to step up enforcement of its relatively new Consumer Review Rule (16 C.F.R. Part 465) (“the Rule”).
The warning letters have implications for all direct-to-consumer sellers. For industries that rely heavily on consumer reviews, including dietary supplement, health and wellness, and beauty/personal care companies, the FTC’s action is particularly significant. These industries often market using consumer reviews, influencer endorsements, testimonials, and before-and-after content—practices that now carry increased regulatory risk. While the warning letters do not constitute formal findings of liability, they underscore the FTC’s readiness to pursue civil penalties of up to $53,088 per violation against the recipients (an amount that will likely increase in 2026 with inflation-adjusted civil penalties).Continue Reading FTC Signals Heightened Enforcement of New Consumer Review Rule
New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation
New York has amended its General Business Law to move beyond a deception-based consumer protection standard and authorize enforcement against unfair and abusive practices, giving the Attorney General materially broader discretion to shape marketplace conduct. The new framework resembles federal UDAAP enforcement in that it relies less on detailed statutory rules and more on evolving enforcement judgments about what constitutes “fair” conduct.
In announcing the amendments to New York GBL § 349 contained in the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act, Attorney General Letitia James pointed to lending and debt collection practices, fee structures, billing mechanics that complicate understanding, contract terms viewed as exploitative, student loan servicers, car dealers, nursing homes, health insurance companies, and impacts on vulnerable or limited-English-proficient consumers. The statute also expressly recognizes potential harm to small businesses and nonprofits, extending potential exposure beyond traditional consumer relationships.Continue Reading New York Broadens Attorney General Authority and Embraces Enforcement-Driven Regulation
Industry Groups Urge FTC to Revive Click-to-Cancel Rulemaking on Subscription and Negative Option Plans
Last month, two association groups, the Consumer Federation of America (CFA) and the American Economic Liberties Project (AELP), submitted a Petition for Renewed Click to Cancel Rulemaking attempting to restart the Federal Trade Commission’s (FTC) rulemaking process. The petition asks the FTC to revive the rulemaking process by reopening the Rule Concerning Subscriptions and Other Negative Option Plans, often referred to as the “Click-to-Cancel” rule.
In July, a federal appeals court vacated the Click-to-Cancel rule, holding that it exceeded the scope of the FTC’s authority, was not promulgated in accordance with necessary rulemaking procedures, and was overly broad.Continue Reading Industry Groups Urge FTC to Revive Click-to-Cancel Rulemaking on Subscription and Negative Option Plans
FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation
Chris Mufarrige, the director of the FTC’s Bureau of Consumer Protection, spoke last week at the National Advertising Division’s Annual Conference in Washington, providing further insight into how the FTC is thinking about key issues.
Mufarrige focused his remarks on privacy and AI. He said he views the basic principles for all consumer protection to be ensuring consumers can make well-informed choices and that companies keep their promises.
FTC’s Evolving Approach to Privacy Enforcement
Mufarrige noted that individual preferences make abstract rules governing privacy difficult to draft and administer. He criticized the Lina Khan-led FTC for its efforts to use Section 5 of the FTC Act as an omnibus privacy statute. He said the agency should instead focus enforcement on specific privacy statutes such as the Children’s Online Privacy Protection Rule (COPPA) and use Section 5’s unfairness authority only where economic analysis shows consumer harm. Continue Reading FTC Bureau of Consumer Protection Director on Privacy Rules and AI Regulation
National Advertising Division 2025 Annual Conference: Highlights and Takeaways
This year’s National Advertising Division’s (NAD) Annual Conference demonstrated that the self-regulatory process remains an active venue for companies interested in challenging competitor advertising claims. Attorneys from Venable’s Advertising and Marketing Group represent both advertisers and challengers at all levels of the NAD process, and this year has been particularly busy with NAD challenges. Read on for this year’s conference highlights and what to expect from NAD.
Industry Trends and Products in NAD Challenges
NAD continued to see a wide array of industries take advantage of the self-regulatory process, with the most prevalent being telecommunications, dietary supplements, cosmetics, household products, food & beverage, and infant products. Companies brought challenges against claims involving product efficacy, superiority, environmental claims, certifications, and more.Continue Reading National Advertising Division 2025 Annual Conference: Highlights and Takeaways
Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement Actions
Last week, President Trump signed a presidential memorandum, “Addressing Misleading Direct-To-Consumer Prescription Drug Advertisements.” The memorandum invokes the U.S. Food and Drug Administration’s (FDA) authority to regulate prescription drug advertising, noting that the agency has historically required manufacturers, packers, or distributors to provide consumers with materially complete information regarding the benefits and risks of the advertised drug.
In the memorandum, Trump directs Secretary of Health and Human Services (HHS) Robert F. Kennedy Jr. to take “appropriate action” to ensure transparency and accuracy in direct-to-consumer drug advertising, including increasing the amount of information that must be disclosed regarding the risks associated with the drug. The Commissioner of Food and Drugs is also directed to take appropriate action to enforce the Federal Food, Drug, and Cosmetic Act’s prescription drug advertising provisions.Continue Reading Prescription Drug Advertising Under Scrutiny: New FDA and HHS Enforcement Actions
Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in Texas
Texas’s amended telemarketing registration law takes effect on September 1. Although the law is not new, the legislature expanded it to apply to text messages. Under Texas’s existing law, a company that makes telephone solicitations to or from Texas must obtain a registration certificate for each business location where it makes those telephone solicitations. Until now this requirement applied to outbound calls, but beginning September 1 it will also apply to outbound marketing text messages.
Certain types of entities and telephone solicitation activities are exempt from the registration requirement, such as communications soliciting food sales; soliciting businesses to purchase items for resale; soliciting former or current customers; and telephone solicitations for purchases that will be completed at in-person sales presentations.Continue Reading Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in Texas
Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama
Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that influencers had posted content promoting the company without adequately disclosing their material connections, such as payment.
Plaintiff Targets Influencer Marketing
In the case, the plaintiff alleged violations of Florida’s Deceptive and Unfair Trade Practices Act, arguing he was misled by multiple influencer posts on a social media platform because he believed those posts were unpaid endorsements when in fact Luli Fama paid those influencers for the content.Continue Reading Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama
The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson
The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. Last month, the Supreme Court ruled in McLaughlin Chiropractic Associates v. McKesson Corp. that federal district courts have the power to ignore the Federal Communications Commission’s (FCC) interpretations of the TCPA and to independently decide what the TCPA requires. The decision (which should not come as much of a surprise after the Loper Bright holding) concluded that the federal Hobbs Act does not demand that district courts absolutely defer to the FCC’s interpretations of the TCPA in enforcement proceedings, stating:
In an enforcement proceeding, a district court must independently determine for itself whether the agency’s interpretation of a statute is correct. District courts are not bound by the agency’s interpretation, but instead must determine the meaning of the law under ordinary principles of statutory interpretation, affording appropriate respect to the agency’s interpretation. Continue Reading The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson