United States: Advertising, Marketing & Branding

The Federal Trade Commission has secured a settlement with an auto dealership group over allegations of deceptive pricing practices, including advertising vehicles thousands of dollars below actual purchase prices and using misleading prize promotions. The proposed order would require prominent disclosure of total vehicle prices and prohibit misrepresentations concerning pricing, financing, and promotional incentives.

A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.

Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.

Washington has recently seen an influx of class actions premised on alleged violations of the state’s Commercial Electronic Mail Act (CEMA). The ubiquity of email marketing campaigns has dragged the statute out of obscurity and propelled it to popularity with the plaintiffs’ bar.

The Federal Trade Commission is exploring whether digital platforms should bear greater responsibility for preventing impersonation ads that falsely pose as legitimate businesses or government agencies. Through an Advance Notice of Proposed Rulemaking, the agency seeks public input on potential amendments to its existing Impersonation Rule, examining how ad-optimization tools and platform practices...

Buc-ee's aggressive trademark enforcement against a small Ohio convenience store has sparked national backlash, raising critical questions about when protecting legal rights begins damaging brand reputation. The case illustrates how enforcement actions can amplify the very threats they aim to suppress, transforming obscure defendants into sympathetic underdogs while generating boycotts, political criticism, and reputational harm that may exceed the original business risk.

New Balance has filed a trade mark infringement lawsuit against Decathlon over a logo used on KIPRUN running shoes, claiming the mirrored device creates confusion with its iconic N mark. The dispute raises critical questions about how consumers perceive brand identifiers in real-world contexts, particularly when logos appear differently depending on viewing angle and product placement.

The FCC has released a new Notice of Proposed Rulemaking that could fundamentally reshape TCPA compliance requirements for businesses. The proposal addresses critical issues including shortened opt-out timeframes, mandatory two-way texting capabilities, "revoke all" mechanisms, and clarification on how revocation requests apply across affiliates and business divisions.