Worldwide: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
FTC Issues Guidance On "Price Transparency" For Auto Dealers
The Federal Trade Commission has issued new guidance requiring auto dealers to display transparent, all-inclusive pricing in their advertisements. The guidance mandates that advertised prices must reflect the actual amount any consumer can pay, with only government-required charges excluded, and applies across all advertising media including online platforms.
United States Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
Litigation Minute: Text-Message Marketing In Texas, One Year After SB 140
Texas Senate Bill 140 expanded telephone solicitation laws to include text messages, creating new registration and disclosure requirements that took effect September 1, 2025. While the State of Texas has indicated that consent-based text-message marketing programs may not require registration, the lack of binding judicial precedent leaves businesses navigating uncertain compliance obligations.
United States Commercial
KG
K&L Gates LLP
Podcast
Unfair Competition Defense Podcast Episode 18: Was It Ever Really On Sale? False Reference Pricing Under Fire
Short-term discounts, comparison pricing, and "save now!" claims are powerful sales drivers, but they're increasingly landing retailers in legal hot water. This episode examines the mounting legal scrutiny surrounding false reference pricing practices and explores how California's regulatory approach is reshaping advertising compliance requirements for businesses nationwide.
United States Litigation
GT
Greenberg Traurig, LLP
Article
Amway To Pay $225 Million Over Alleged False Earnings Claims And Fabricated Sales
The FTC and Washington state secured a record $225 million settlement from Amway and affiliated groups over allegations they misled recruits about earnings potential while pressuring them to buy products with little retail opportunity. The complaint reveals that over three-quarters of U.S. product volume was sold to IBOs themselves rather than retail customers, with fabricated sales reporting masking the recruitment-driven model. The settlement's injunctive provisions establish new standards for earnings cl
United States Consumer
FK
Frankfurt Kurnit Klein & Selz
Article
Text-Message Marketing In Texas, One Year After SB 140
Texas Senate Bill 140 (SB 140) took effect 1 September 2025, and applies to conduct occurring on or after that date. The bill amended Section 302 of the Texas Business and Commerce Code to extend registration and disclosure requirements to text messages by expanding the definition of “Telephone solicitation,” which previously applied only to a “telephone call,” to include certain transmissions of text or graphic messages and images. In addition, SB 140 added a definition of “Telephone call” that incorporates the definition found in Section 304, which includes certain text or graphic messages and images, but excludes certain agreed-to transmissions.
United States Media & IT
KG
K&L Gates LLP
Article
The Ad Standard: Monthly Update - September 2026
This month’s headline FTC action was the announcement that the FTC and 22 states sued Amazon over deceptive advertising practices. But the FTC has also kept its sights trained on protecting cash-strapped consumers. The FTC announced settlements involving empty credit-repair promises, bill payment platforms masquerading as official payment channels, and tacked-on fees at used car dealerships.
United States Media & IT
ST
Simpson Thacher & Bartlett
Article
FTC Releases FAQs On Auto Pricing: What Dealers And Advertisers Need To Know
If you’re a dealer, an ad agency handling automotive accounts, or in-house counsel advising automotive clients, the Commission’s latest guidance on auto pricing transparency deserves a careful read. The guidance echoes familiar principles we’ve heard in other areas from federal and state regulators related to the expectation for all-in pricing, with important nuances unique to the auto industry.
United States Consumer
KD
Kelley Drye & Warren LLP
Article
That's A Wrap: ASA Serves Up A Feast Of Analysis On Popeyes' Breakfast Ads
The Advertising Standards Authority has issued a detailed ruling on Popeyes' breakfast menu advertisements, examining whether they violated new restrictions on advertising less healthy foods. The case hinged on whether products could be visually distinguished from similar menu items, with the colour of hash brown seasoning becoming a critical factor in the decision.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Article
No Individual Claims For Receipt Of Text Messages Under TCPA
Readers may recall a recent piece in which we discussed the first federal appellate court (“7th Circuit Court”) decision to address whether the Telephone Consumer Protection Act’s (“TCPA”) private right of action applies to the receipt of unwanted text messages. After this ruling, other federal courts were expected to adopt its reasoning, which was exactly what a federal judge in North Carolina did in a case involving TCPA claims arising out of the alleged receipt of unsolicited text messages (“TCPA Text Decision”).
United States Litigation
KM
Klein Moynihan Turco LLP
Article
Class Action Follows NACA’s Polymarket Influencer Lawsuit
Polymarket faces multiple lawsuits alleging deceptive influencer marketing practices, including undisclosed paid endorsements and staged betting videos on fake platform copies. A new class action complaint claims content creators filmed winning bets on simulated Polymarket websites built by the company, with some videos allegedly showing fabricated results that would have resulted in significant losses on the real platform.
United States Consumer
KD
Kelley Drye & Warren LLP
Article
North Carolina Federal Court Dismisses TCPA Text Message Class Action Against R.J. Reynolds
A North Carolina federal court has ruled that text messages do not fall under the TCPA's Do Not Call private right of action, following similar reasoning from the Seventh Circuit's Steidinger decision. The ruling leaves open broader questions about whether cell phone subscribers qualify for Do Not Call protections at all, while the bulk of TCPA compliance obligations under Section 227(b) remain unchanged.
United States Media & IT
FK
Frankfurt Kurnit Klein & Selz
Article
Website Privacy Lawsuits Under CIPA: Current State Of The Law
California's 1967 wiretapping law has become the basis for thousands of lawsuits against businesses using common website tracking tools like Google Analytics and Meta pixels. With conflicting court rulings creating legal chaos, a pivotal appellate case and legislative reform bill could finally resolve whether cookies and analytics constitute illegal surveillance under the California Invasion of Privacy Act.
United States Privacy
JM
Jeffer Mangels & Mitchell LLP
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