Wiley Rein has long represented companies, advertising agencies, and others involved in advertising before the Federal Trade Commission (FTC) in significant advertising matters.
Wiley Rein attorneys are actively engaged in FTC rule-makings, policy, and enforcement proceedings affecting advertising. For example, we have actively represented client interests in FTC actions regarding online behavioral targeting and consumer data privacy, in which the FTC is shaping enforcement policy for the years to come. Similarly, the FTC “Green Guides” on environmental marketing and advertising claims have had significant influence on environmental advertising claims and on other agencies and bodies responsible for determining whether such claims are misleading. The FTC also has issued guidelines for food nutrition claims and is revising its guidelines associated with advertising endorsements and testimonials. Wiley Rein has actively participated in FTC rule-makings affecting consumer marketing and advertising, including proceedings to implement the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Telemarketing Sales Rule (including Do Not Call), and others.
Representative experience includes:
- Filing extensive comments on FTC initiatives regarding behavioral advertising and consumer data privacy.
- Obtaining ruling that bona fide newsletters are not subject to CAN-SPAM requirements.
- Representing clients before the FTC in significant advertising cases, including major suppliers of food and other consumer products, pharmaceuticals, and electronic equipment.
- Convincing the FTC to administratively close investigations into clients’ consumer product advertising.
- Bringing advertising complaints to the FTC on behalf of clients adversely affected by a competitor’s advertising claims.
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News & Insights
News & Insights
- November 30, 2016 | Press Release
- November 14, 2016 | Media MentionScott Delacourt and Kirk Nahra Discuss Impact of Presidential Election on FTC Authority and Data Security EnforcementLaw360
- October 2016 | Newsletter
- April 2016 | ArticleALI CLE’s The Practical Lawyer
- March 17, 2016 | Media MentionLaw360
- January 8, 2016 | Alert
- December 1, 2015 | Press ReleaseWiley Rein’s Scott Delacourt to Co-Chair PLI’s 33rd Annual Institute on Telecommunications Policy & Regulation Conference in DC, December 3-4
- November 24, 2015 | Press Release
- July 31, 2014 | Alert
- April 18, 2014 | ArticleLos Angeles Daily Journal
- April 8, 2014 | AlertWyndham Decision Affirms FTC Jurisdiction and Assertive Role on “Thorny” Cyber and Data Security Issues
- December 10, 2013 | ArticleBloomberg BNA's Telecommunications Law Resource Center
- December 1, 2011 | Alert
- November 22, 2011 | AlertFar-Reaching Implications of Children's Privacy Rulemaking for Broadcasters: Opportunity to Comment Extended to December 23
- November 22, 2011 | AlertFar-Reaching Implications of Children's Privacy Rulemaking for Businesses: Opportunity to Comment Extended to December 23
- October 7, 2011 | Alert
- September 14, 2009 | Press Release