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The best article on puffery ever, the FTC's fight against credit card laundering, and more in this issue of Advertising Law News & Analysis

August 10, 2017
rabbit in a hat

The Best Article on Puffery…Ever

Puffery – advertising claims that are not measurable and are of the type upon which consumers would not normally rely – can be a powerful tool for building a brand's image with consumers, write Venable attorneys Roger Colaizzi, Chris Crook, Taylor Sachs, and Claire Wheeler in the most recent edition of the American Bar Association's Antitrust magazine. Puffery allows marketers to grab consumers' attention with bold advertising claims that do not require substantiation, but despite the potential for creating a lasting impression, puffing is not without its dangers.

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to be continued

Is FTC Releasing TCPA Treasure or Fool's Gold?

On August 1, the Federal Trade Commission (FTC) announced that, just as the Federal Communications Commission (FCC) had done in October 2015, it would begin releasing robocall and do not call consumer complaint information. The intent behind releasing the data, writes Venable partner Dan Blynn in a recent blog post, is to provide relevant information to telecommunications carriers and other companies implementing call-blocking solutions. However, the FTC makes no representation that the data – which is sure to be picked over by plaintiff attorneys seeking to file lawsuits under the Telephone Consumer Protection Act (TCPA) – has been verified. There is a real possibility, Blynn writes, that the "company phone number" disseminated by the FTC is a spoofed one tied to a completely unrelated caller.

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financial crime

Operation Choke Point Alive and Kicking

In recent years, the FTC has sued several companies for engaging in so-called "credit card laundering" or "factoring," or assisting allegedly fraudulent merchants in laundering card payments through multiple processing accounts. On July 28, the Federal Trade Commission filed a complaint against an Electronic Payment Systems, LLC (EPS). In a recent blog post, Venable attorneys Len Gordon and Evan Minsberg write that the complaint serves as a strong reminder that the FTC continues to pursue fraudulent merchants and those that assist them in getting access to the payments system.

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Advertising Law Tool Kit

From the Tool Kit

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Ed Boyle, Roger Colaizzi, Angel Garganta, and Dan Silverman provide strategies marketers can use to reduce their exposure to class action litigation.

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UPCOMING EVENTS

SupplySide West

September 25-29, 2017 | Las Vegas, NV

Venable will be the Official Legal and Regulatory Partner at this year's SupplySide West Global Expo & Conference. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable partners Todd Harrison, Claudia Lewis, Michelle Jackson, and Michael Blume will participate in panel discussions on regulations, class action litigation, and clean label messaging. Be sure to visit us at our offices directly in front of the SupplySide West registration entrance in the Expo Hall holding area!

Request a complimentary consultation with Venable at the conference.

Register

Electronic Retailing Association's 2017 D2C Convention

October 2-5, 2017 | Wynn Hotel, Las Vegas, NV

Venable is proud to sponsor the 2017 ERA D2C Convention, where innovators, marketers, and manufacturers come together to showcase the latest trends in direct response. Be sure to visit Venable in booth #201 and mingle with our team at the Pre-Moxie Mixer on Tuesday, October 3 from 6:00 pm to 8:30 pm.

Schedule a meeting with Venable at D2C.

Register