Marketing & Advertising
The Internet connects marketers to customers across the country and around the world. The general principles of advertising law apply online, regardless of the existence of space constrained screens and social media platforms. The FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing, and sale.
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NYC Mayor and DCWP Commissioner Announce First-In-The-Nation Municipal “Click to Cancel” Rule
NYC Mayor Zohran Mamdani and New York City Department of Consumer and Worker Protection (DCWP) Commissioner Samuel Levine have announced a proposed rule designed to strengthen New Yorkers’ “Click to Cancel” consumer rights, cracking down on subscription traps and ensuring consumers can easily cancel automatic renewals and continuous service offers. Following the proposed rule’s publication…
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Richard Newman Quoted by New York Post on NYC Consumer Protection Law
Consumer protection defense lawyer Richard B. Newman was recently quoted by the New York Post in an article discussing a moving company that has purportedly been “hit by a litany of complaints.” In the article. Mr. Newman states that “[g]enerally speaking, failing to provide the quality of services advertised and using predatory practices can violate…
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How to Comply With FTC and California Strike-Through Pricing Laws
Strike-through “comparison” pricing is a popular marketing technique where a higher “regular” price is listed on advtertising materials and crossed out in close proximity to a lower, “discounted” sale price. The practice is enforced when “unfair or deceptive” by federal and state regulatory bodies, as well as private plaintiffs. FTC Guides Against Deceptive Pricing Section…
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What are Key Factors the FTC Considers When Calculating Monetary Civil Penalties?
The Federal Trade Commission generally seeks monetary civil penalties when it is alleging violations of rules that the agency enforces, such as the Telemarketing Sales Rule, the Made in USA Labeling Rule, the Restore Online Shoppers’ Confidence Act, the Gramm-Leach-Bliley Act and the Review and Testimonials Rule. The Federal Trade Commission increases its maximum civil…
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NYC Mayor Mamdani Implements Executive Orders to Stop Junk Fees and Subscription Schemes
On January 5, 2025, Nwe York City Mayor Zohran Mamdani, joined by Attorney General Letitia James, City Council Member Julie Menin, and DCWP Commissioner Sam Levine, announced that it has signed two executive orders: to combat businesses’ deceptive use of junk fees and crackdown on subscription tricks and traps that that drain money from New Yorkers…
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