Ad Law Tool Kit Show

State privacy laws continue to evolve rapidly, challenging businesses to keep pace. By the end of 2024, businesses will need to comply with up to nine comprehensive state privacy laws, with more laws slated to come into force in 2025 and 2026. To date, all such laws draw inspiration from both the first comprehensive state privacy law—the California Consumer Privacy Act (CCPA)—and the European Union General Data Protection Regulation (GDPR). But there are differences. Host Len Gordon talks to his guest, Venable partner Kelly Bastide, about which laws, if any, apply to your business and developing a practical compliance program that harmonizes with the different laws.

When marketing to children under 13, there are heightened requirements that go beyond standard truth in advertising practices. The basic idea behind these requirements is that children have a difficult time understanding that they are being given a sales pitch and distinguishing between reality and fantasy. Host Shahin Rothermel and her guests, Venable partner Melissa Steinman and associate Shannon Sansom, discuss some best practices that companies should keep in mind when building promotions and campaigns targeted at children.

Many customers like to “buy American” and are willing to pay more to do so. However, if you want to call out your product’s homegrown attributes, you should know that the Federal Trade Commission (FTC), as well as some states, including California, have created very specific guidance and laws on what it means for a good to be of domestic origin. Host Len Gordon and his guests, Venable partner Mary Gardner and associate Jay Prapaisilp, look at the FTC’s detailed Made in USA guidance on product manufacture, sourcing, assembly, and labeling, and the penalties for violation.

Data breaches, cookie banners, chatbots, pixel tracking, and biometrics are just some of the trends in privacy law that are keeping litigators busy. Many technologies that are necessary to operate a website have become hot areas of litigation. But there are more trends, and more questions. Host Shahin Rothermel and her guest, Venable partner Jean-Paul Cart, discuss the states that are considering new consumer protection legislation, what other technologies are being targeted by plaintiffs, and what your business can be doing to be prepared.

In 2023, the Federal Trade Commission (FTC) identified two junk fees-related practices it wanted to regulate—omitting mandatory charges and fees from advertised prices and misrepresenting the nature and purpose of the charges or fees. States have been active as well. “Junk fees” or “drip pricing” would be replaced by the “total price,” which businesses would be required to clearly disclose. Host Len Gordon and his guests, Venable partner Ellen Berge and associate Jay Prapaisilp, discuss the impact bans on drip pricing might have on businesses, and what marketers should be paying attention to as total price laws come into effect.

For decades, email marketing has been an important tool that businesses use to reach customers. But in recent years, marketers have had to comply with an increasing number of laws enacted to protect a consumer’s privacy and address so-called spam. Host Shahin Rothermel and her guests, Venable partners Ellen Berge and Ari Rothman, discuss what companies should keep in mind as email marketing lawsuits are on the rise.

Negative option marketing can include pre-notification negative option plans, continuity programs, automatic renewals, and free-to-pay conversions. This marketing strategy continues to invite scrutiny from the Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs. Our episode on this topic was the most popular from Season One, so we’re back with an update. Host Len Gordon and his guests, Venable partners Shahin Rothermel and Ari Rothman, discuss the keys to success in avoiding investigations and liability.

If your organization is counting on you to identify potentially problematic advertising and marketing practices, or avoid them altogether, you’ve come to the right place. Welcome to Season Two of Venable’s Ad Law Tool Kit Show. Join partners Len Gordon and Shahin Rothermel of our award-winning Advertising and Marketing Law Team as they examine the increasingly complex regulatory landscape. Each week, they’ll dive into a new issue—from made in USA claims to marketing to children—and help build your advertising law tool kit.