Developments in Advertising and Consumer Protection

January 12, 2021
The Business Lawyer

In its most recent issue, The American Bar Association's The Business Lawyer published an article by Dinsmore partner Richik Sarkar, "Developments in Advertising and Consumer Protection," an abstract of which can be found below.

As companies increase their e-commerce presence (by design if not necessity), they also increase their exposure to state and federal consumer protection risk related to:

  • The Telephone Consumer Protection Act and its application to phone and text marketing
  • The Telemarketing Sales Rule and the “Do Not Call List”
  • The Consumer Review Fairness Act of 2016 (which governs consumer reviews of goods and services)
  • Consumer data harvesting
  • The BBB’s National Advertising Division edict that “independent informational websites” regarding products actually be independent
  • Enforcement actions and guidance governing influencers and endorsers
  • Website ADA accessibility

As commerce evolves, related spikes in consumer litigation and government regulation are expected. Successful companies will be ahead of the curve on these critical issues.

Download the PDF of the full article above.