The FTC released two Notices of Proposed Rulemaking (NPR) and an Advance Notice of Proposed Rulemaking (ANPR) that would establish a new Earnings Claims Rule and expand the existing Business Opportunity Rule – changes that according to the FTC’s release ​“would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing (MLM) programs and money-making opportunities.” Notably, the proposed Earnings Claims Rule is limited to MLM programs (with different definitions proposed for consideration) and would not cover the gig economy, notwithstanding that the Commission’s recent enforcement actions related to earnings claims have not involved direct selling companies.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-puts-pedal-to-the-metal-to-release-proposed-rule-on-mlm-earnings-claims-changes-to-business-opportunity-rule-but-republican-commissioners-pump-the-brakes-in-potential-foreshadowing

John Villafranco
jvillafranco@kelleydrye.com
(202) 342-8423
www.kelleydrye.com/people/john-e-villafranco

Donnelly McDowell
dmcdowell@kelleydrye.com
(202) 342-8645
www.kelleydrye.com/people/donnelly-l-mcdowell

Robert Ward
rward@kelleydrye.com
(973) 503 5978
https://www.kelleydrye.com/people/robert-n-ward

Ioana Gorecki
igorecki@kelleydrye.com
(202) 342-8417
https://www.kelleydrye.com/people/ioana-gorecki

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FTC Puts Pedal To The Metal To Release Proposed Rule On MLM Earnings Claims

Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action.

Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued.

For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security and Kelley Drye’s TCPA Tracker newsletter, produced as a collaborative effort between Kelley Drye’s Litigation, Advertising/Privacy, Communications and Insurance Recovery practices to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC https://www.kelleydrye.com/News-Events/Publications/Newsletters/TCPA-Tracker.

In addition, Kelley Drye provides a number of timely and topical communications. Sign up here to receive Kelley Drye email communications tailored to your interests here https://www.kelleydrye.com/News-Events/Communication-Preferences

The Hot Button Issues to Consider When Running a Texting Campaign (Texting 101)

Following on a running theme of the Kelley Green Law Blog (https://www.kelleygreenlawblog.com/) and an article from 2019 (www.snipsmag.com/articles/93790-w…oposition-65-law), Special Counsel Joe Green explains what you need to know about California's Proposition 65 and some of the nuances that make “Prop 65” one of the more popular topics – and frustrating regulatory programs – that businesses confront.

What You Need to Know About California's Proposition 65 Law

Employers are in uncharted territory with the COVID-19 pandemic, which has created complicated employment issues that continue to evolve by the hour. Kelley Drye’s Labor and Employment co-chair Mark Konkel shares practical advice for employers looking to keep employees SAFE and CALM, while also keeping their BUSINESS FUNCTIONING.

Visit Kelley Drye's COVID-19 Response Resource Center at www.kelleydrye.com/Our-Practices/Hot-Topics/COVID-19-Response-Resource-Center

To subscribe to all our COVID-19 related communications, please click www.kelleydrye.com/News-Events/Communication-Preferences

Follow Mark and the rest of the Labor and Employment team through their blog, Labor Days, at www.labordaysblog.com

Admin's Album

COVID-19: What Employers Need to Know Now

The coronavirus threat will still be active when many employers begin to return their employees to the job. What will you do when employees refuse to return? When some have been sick but not diagnosed? When social distancing measures remain in place? When some parts of the country (or even your city) are “more open” than others? What should employers do to prepare?

In the latest episode of Kelley Drye's Legal Download podcast, Labor and Employment practice group co-chair Barbara Hoey talks through some of the snares of legal, logistical and practical considerations as the nation returns to work.

If you are looking for more information on this topic, our Labor and Employment practice presented a two-part series “Getting Back to Work,” to guide employers through the snares of legal, logistical and practical considerations as the nation returns to work:

Part 1 - Preparations and Considerations for Employers - https://vimeo.com/411569847

Part 2 - When the Rubber Hits the Road - https://vimeo.com/413747550

For additional information on this and other topics, visit:

Labor Days Blog -  www.labordaysblog.com

COVID-19 Response Resource Center - https://www.kelleydrye.com/COVID-19-Response-Resource-Center

Kelley Drye Labor and Employment Practice - https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Labor-and-Employment-Counseling-and-Compliance

COVID-19: Back to Work

Special Counsel Joe Green walks through what you need to know about the regulatory landscape for cleaning products claiming to kill coronavirus, how these products are regulated and what companies and consumers should look for if they are involved in the sales or marketing of these products.  To read more on this topic, visit https://www.kelleygreenlawblog.com/

The Regulatory Landscape for Cleaning Products Claiming to Kill Coronavirus (COVID-19)

Kelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and litigation for COVID-19 related business losses.

This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines

COVID-19 Financial Remedies, Part 1: Contract Responsibilities and Litigation

Kelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and review the state of insurance coverage for COVID-19 related business losses.

This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines

COVID-19 Financial Remedies, Part 2: Insurance

2020 is on pace to set a record as the busiest year for bankruptcy filings since the Great Recession. Special Counsel Jennifer Raviele and Partner Bob LeHane of Kelley Drye's Bankruptcy and Restructuring practice discuss the current state of retail and restaurant bankruptcy cases, the impact of the global pandemic, and what to expect in the future.

If you would like further information, please reach out to:

Bob LeHane - www.kelleydrye.com/Our-People/Robert-L-LeHane
Jennifer Raviele - www.kelleydrye.com/Our-People/Jennifer-D-Raviele

Additional information is available at www.kelleydyre.com or our COVID-19 Resource Center at www.kelleydrye.com/COVID-19-Respon…Resource-Center

Bankruptcy During the COVID-19 Pandemic

On this edition of the Legal Download Podcast, partner Matt Luzadder speaks with privacy partner Aaron Burstein about some of the top legal considerations that in-house counsel need to keep in mind when it comes to ransomware.

Aaron Burstein - www.kelleydrye.com/Our-People/Aaron-J-Burstein
Matt Luzadder - www.kelleydrye.com/Our-People/Matthew-C-Luzadder

Additional information is available at our COVID-19 Resource Center at www.kelleydrye.com/COVID-19-Response-Resource-Center and Advertising and Privacy Law Resource Center at www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Ransomware and Cybersecurity Issues During the COVID-19 Pandemic

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. 

Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.

Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

FTC Puts Pedal To The Metal To Release Proposed Rule On MLM Earnings Claims

Kelley Drye Ad Law Access Podcast

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