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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
https://www.law.com/corpcounsel/2025/12/12/ftc-weighs-petition-to-revive-click-to-cancel-rule/
Law.com quoted Holly Melton was quoted in a Law.com in an article discussing the Federal Trade Commission's consideration of a petition to revive the "Click to Cancel" rule. Ms. Melton analyzed the FTC's potential next steps following the rule's invalidation by the Eighth Circuit Court of Appeals. She noted that when Amazon agreed to pay $2.5 billion in September to settle allegations of deceptive Prime subscription practices, the settlement document included language indicating that any future rulemaking on subscription cancellations would supersede the agreement's provisions. Mr. Melton emphasized that this language "reads like a deliberate placeholder—future-proofing the settlement for the reappearance of click to cancel," suggesting the commission anticipates reviving the rule in some form. She advised that businesses should maintain compliance with the rule's underlying principles, stating that "for advertisers and subscription-based businesses, the path forward is clear: provide transparent disclosures, obtain affirmative consent, and make cancellation as effortless as sign-up." Read the full article on the “Click to Cancel” rule here. ( Behind paywall).
December 18 2025
Challenges in Opt-Out Design and Children’s Privacy Highlighted by Sling TV’s Settlement With California AG
Cybersecurity Law Report quoted Daniel Goldberg regarding California AG Rob Bonta's $530,000 settlement with Sling TV for CCPA violations related to opt-out processes and children's privacy protections. Read more.
December 1 2025
Game Companies Must be Flexible to Comply with Changing Laws
Emma Smizer was recently featured as a panelist at GamesBeat Next 2025 and quoted in a GamesBeat article discussing global regulatory compliance and its impact on the gaming industry. Read more.
November 25 2025
