Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Federal Trade Commission (FTC)

Canceled Before It Clicked: Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

By Baldassare Vinti, Jennifer Yang and Alyson Tocicki on Posted in Class Actions, FTC, Regulatory
Just days before it was set to take effect, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Trade Commission’s (FTC) much anticipated “Click-to-Cancel Rule” (the “Rule”), delivering regulatory whiplash to companies that had proactively geared up for the Rule’s arrival. As previously reported, the Rule sought to impose various requirements … Continue Reading

Subscription Shake-Up: Navigating the FTC’s Click-to-Cancel Rule

By Baldassare Vinti, Jennifer Yang, Alyson Tocicki and Naomi Caldwell on Posted in Class Actions, FTC, Regulatory
In October 2024, the Federal Trade Commission (“FTC”) updated its 1973 Negative Option Rule to address unfair and deceptive online subscription practices. See 16 C.F.R. § 425 (2024) (the “Negative Option Rule” or the “Rule”). The Rule sparked significant debate, with the original proposal garnering over 16,000 comments. Following some revisions based on this feedback, … Continue Reading

FTC Appears to Expand AI Regulatory Role into Copyright Matters

By Nolan Goldberg and Michelle M. Ovanesian on Posted in Events and Announcements, NAD/NARB/CARU/ERSP
In a recent public comment addressed to the United States Copyright Office, the Federal Trade Commission seemingly expanded upon remarks made at the National Advertising Division back in September that it will aggressively and proactively challenge alleged unfair practices involving artificial intelligence, even if that means stretching the meaning of “unfair” to increase its jurisdiction … Continue Reading
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