LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is ​“voted #1 by small businesses.” ZenBusiness challenged these claims in the same case we wrote about yesterday. In some industries, companies can look to empirical third-party data (such as sales data) to support these types of claims. When that doesn’t exist, companies are left to find their own support. NAD’s decision show how tricky that can be. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-1-claims Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate relationship with some of those publications, it needs to disclose its connections to them in order to comply with the FTC’s Endorsement Guides. LegalZoom argued that mere press mentions don’t qualify as endorsements and, therefore, that a disclosure isn’t required. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-as-seen-in-claims Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials. With this rule, the Commission takes aim at ​“fake” reviews and testimonials by prohibiting their sale or purchase and allows the agency to seek civil penalties against ​“knowing” violators. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-finalizes-rule-on-fake-reviews Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Donnelly McDowell [email protected] (202) 342-8645 www.kelleydrye.com/people/donnelly-l-mcdowell Ioana Gorecki [email protected] (202) 342-8417 www.kelleydrye.com/Our-People/Ioana-Gorecki Caroline Schmitz [email protected] (202) 342-8459 https://www.kelleydrye.com/people/caroline-t-schmitz Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules are a definition of an ​“AI-generated call” and disclosure requirements for placing such calls. This item is the latest in a series of actions taken by the FCC this year under its authority to implement the Telephone Consumer Protection Act (TCPA) and demonstrates the agency’s continued focus on what it says is the ​“top category of consumer complaints that [it] receive[s].” Initial comments on the proposed rules will be due 30 days after the item is published in the Federal Register, and reply comments will be due 15 days thereafter. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/fcc-proposes-new-tcpa-rules-for-ai-calls-and-texts Alysa Hutnik [email protected] (202) 342-8603 www.kelleydrye.com/people/alysa-z-hutnik Jennifer Rodden Wainwright [email protected] (202) 342-8649 www.kelleydrye.com/people/jennifer…dden-wainwright Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

If you’ve watched the news recently, it’s fairly safe to predict that two things happened. First, you probably watched an announcer recount disturbing news about the current political climate. Second, following that segment, you probably watched a celebrity recount the benefits of using CarShield. (If your experience is different than mine, please let me know, so that I can change my viewing habits.) Although both of those things may continue to happen for a while, you may soon see some changes to the CarShield commercials. www.kelleydrye.com/viewpoints/blog…on-endorsements Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

In June, we summarized a number of new and pending laws specifically designed to regulate how companies display prices and fees. Although it’s important for companies to focus on those, we also noted that even in states without specific laws on point, enforcers could still rely on laws that more generally outlaw deceptive and unfair acts and practices to challenge how companies display their prices. A new lawsuit filed this week by the DC Attorney General against StubHub provides yet another perfect example. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/from-grubhub-to-stubhub-dc-sues-stubhub-for-deceptive-pricing-and-junk-fees Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Paul Singer [email protected] (202) 342-8672 www.kelleydrye.com/Our-People/Paul-L-Singer Abigail Stempson [email protected] (202) 342-8678 www.kelleydrye.com/Our-People/Abigail-Stempson Beth Chun [email protected] (202) 342-8671 www.kelleydrye.com/Our-People/Beth-Bolen-Chun Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw Hosted by Simone Roach

“Up to” claims can be difficult to substantiate, in part, because the standard for substantiating those claims isn’t always clear. Over the years, the FTC, NAD, and courts have articulated different standards that are hard to reconcile with each other. For example, last month, we posted about a decision in which a three-judge panel with the Ninth Circuit determined that an ​“up to” claim reflected the ​“upper limit” of what consumers could expect and rejected the plaintiff’s assertions that consumers should ​“always” expect that. This month, the FTC announced a settlement that takes a different view. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-settlement-illustrates-challenges-with-up-to-claims Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

Cameo is a platform where people can pay celebrities to record videos with scripted personal messages. Jimmy Kimmel recently used the platform to see if he could get George Santos to say silly things and then Kimmel aired those videos on his late night show. Santos later sued Kimmel, accusing him of copyright infringement, and the two are battling that out in court. But today, it’s Cameo that finds itself in a legal battle. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/cameo-settles-with-30-ags-over-endorsement-issues Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

The FTC is focused on ensuring that consumers have options when it comes to repairing products. Two years ago, we summarized an FTC workshop, report, Policy Statement, and three settlements on this issue. Last week, the FTC announced that they had sent warning letters to eight companies, raising concerns about whether their warranty practices were unlawfully hindering consumers’ right to repair their products. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-sends-warning-letters-over-warranty-practices Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw

In 2015, plaintiffs filed a lawsuit against Ashley Madison, alleging that the company had surreptitiously employed an ​“army of fembots” to lure unsuspecting men into cheating on their spouses. (You can read our coverage of that case and related warnings here.) Not satisfied with having broken up countless homes, the bots are back, and this time they’re trying to lure people away from their money. At least that’s what Skillz Platform alleges in a false advertising lawsuit against its competitor, Papaya Gaming. https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/bots-and-false-advertising Gonzalo Mon [email protected] (202) 342-8576 www.kelleydrye.com/people/gonzalo-e-mon Hosted by Simone Roach Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law Find all of our links here linktr.ee/KelleyDryeAdLaw