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
- February 6, 2018 | Media MentionLaw360
- January 22, 2018 | ArticleWileyConnect
- January 12, 2018 | ArticleWileyConnect
- January 10, 2018 | ArticleWileyConnect
- November 20, 2017 | ArticleWileyConnect
- November 13, 2017 | ArticleWileyConnect
- November 2, 2017 | ArticleFTC Issues Enforcement Policy Statement Clarifying Verifiable Parental Consent Requirement for Audio FilesWileyonMedia
- September 18, 2017 | ArticleFTC Sends (Another) Warning That Endorsers Must Disclose Connections to Products, Brands, or Services in Any Form of MediaWileyonMedia
- August 9, 2017 | ArticleMultistakeholders Adopt Voluntary Guidance with Input from the FTC on Communicating IoT Device UpgradabilityWileyConnect
- June 26, 2017 | ArticleWileyConnect
- June 26, 2017 | ArticleWileyonMedia
- February 13, 2017 | ArticleWileyConnect
- February 7, 2017 | ArticleWileyConnect
- 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 26, 2016 | ArticleWileyConnect
- October 2016 | Newsletter
- September 29, 2016 | ArticleWileyonMedia
- 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
- November 20, 2014 | ArticleFTC to Advertisers and Media: Make Adequate Disclosures, Otherwise Face Potential Enforcement Actions for “Deceptive” AdsWileyonMedia
- September 22, 2014 | ArticleYelp Settlement With FTC Over Alleged Children’s Online Privacy Protection Act Violations Highlights Possible Pitfalls of Age-GatingWileyonMedia
- July 31, 2014 | Alert
- June 19, 2014 | ArticleCaution When Accepting Ads for Weight-Loss Products—If a Claim Sounds Too Good to Be True, it Probably Is! And the FTC and Congress Are WatchingWileyonMedia
- May 9, 2014 | ArticleLose 20 Lbs in One Week Without Diet or Exercise!* (FTC Promulgates New Tool for Spotting False Claims)WileyonMedia
- 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
- January 17, 2014 | ArticleWileyonMedia
- January 8, 2014 | ArticleFederal Trade Commission (FTC) Issues New Guidance to Media Concerning False Weight Loss Claims in Ads; Sen. McCaskill Urges Prompt Compliance and Promises HearingWileyonMedia
- December 10, 2013 | ArticleBloomberg BNA's Telecommunications Law Resource Center
- September 14, 2009 | Press Release