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Areas of Interest
April 18th, 2023
FTC Alerts Nearly 700 Companies About Potential Penalties for Misleading Claims
Advertising Partner Jeffrey A. Greenbaum is quoted in the article, "FTC Alerts Nearly 700 Companies About Potential Penalties for Misleading Claims" published by The Wall Street Journal. The article discusses the recent FTC warnings sent to companies about the penalties they could face if they mislead consumers with substantiated product claims. The new warnings could apply to any marketers' statements about the performance of their products, and is part of a continuing effort to penalize brands that engage in deceptive marketing tactics. Jeff notes that a 2021 Supreme Court decision significantly limited the FTC's ability to seek financial damages for customers affected by such practices, but that the agency still has ways to take action. He is quoted saying, "The FTC can still penalize advertisers. While it only has the authority to seek $50,120 for any given violation, penalties could total millions or even hundreds of millions of dollars because of the way violations are counted. As a general matter, if 10 consumers see a deceptive ad, that’s 10 violations. These numbers can add up very quickly."
In conclusion, Jeff says, "The letter is likely to prompt many brands to review their marketing strategies even if they didn’t receive one directly. Companies on the list are at a disadvantage, however, because parties are only subject to penalties if they have already received such a notice."
Read the full article here.
Other Quoted
CalPrivacy’s School Platform Action Highlights Opt-Outs, Protections for Vulnerable Users
Privacy Daily quotes Andrew Folks in the article, “CalPrivacy’s School Platform Action Highlights Opt-Outs, Protections for Vulnerable.” Read more.
March 10 2026
CalPrivacy Hits Ford for Opt-Out Friction in Connected Car Sweep Under CCPA
Privacy Daily recently quoted Andrew Folk’s blog post in the article “CalPrivacy Hits Ford for Opt-Out Friction in Connected Car Sweep Under CCPA.” Read more.
March 9 2026
California Disney Fine Pushes Companies to Fully Honor Opt-Outs
Bloomberg Law quoted Daniel M. Goldberg in their recent article about how California fined Disney $2.75 million for allegedly failing to fully honor consumers’ opt-out requests under the California Consumer Privacy Act, signaling increased scrutiny of how companies implement privacy rights across devices, services, and systems. The enforcement action underscores regulators’ growing expectation that opt-out mechanisms must work seamlessly and consistently, with technical compliance now under closer investigation. Read more.
February 25 2026
