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Articles by Jack Ferry
The More Things Change: AI and Advertising Law
10/27/2026|4 minute read It’s conference season, and advertising lawyers (as always) have plenty to talk about. This year, however, one topic seems to stand out: AI. Whether the discussion is about influencer marketing, endorsements, disclosures, content creation or something else entirely, AI seems to find its way in. Notably, much of the conversation ultimately comes back to the same question: How does advertising law apply when AI is involved? The short answer: largely the same way it always has.
FTC’s Genesis Tech Complaint Signals More Than Another ROSCA Case
The Federal Trade Commission’s (FTC or the Commission) June 2026 action against Genesis Tech involves familiar allegations under the Restore Online Shoppers’ Confidence Act (ROSCA) but far-from-routine relief. The Commission sought a temporary restraining order (TRO), immediate injunctive relief, and an asset freeze against corporate and individual defendants.
FTC’s Genesis Tech Complaint Signals More Than Another ROSCA Case
09/11/2026|4 minute read The Federal Trade Commission’s (FTC or the Commission) June 2026 action against Genesis Tech involves familiar allegations under the Restore Online Shoppers’ Confidence Act (ROSCA) but far-from-routine relief. The Commission sought a temporary restraining order (TRO), immediate injunctive relief, and an asset freeze against corporate and individual defendants.
ADventures in Law 2026 Webinar – Pricing the Future: The Legal Landscape of Prediction Markets
What In-House Counsel Should Know About Quantum Risk: The Quantum Threat
FTC Issues Call For Comments On New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs.
FTC Issues Call for Comments on New Negative Option Rule
Earlier this month, the FTC took another step toward issuing a new Negative Option Rule. We say a “new” version of the rule because the previous one, commonly called the Click to Cancel Rule, was vacated by the Eighth Circuit in July 2025. Despite that setback, recent events show the FTC intends to continue its push for a new rule in this area. On Jan. 30, it issued a draft Advance Notice of Proposed Rulemaking (ANPRM) to the Office of Information and Regulatory Affairs.
FTC Issues Call for Comments on New Negative Option Rule
The 6 Pillars of the Trump Administration’s ‘Cyber Strategy for America’: The Devil Will Be in the Details
FTC Signals Restart On Negative Option Rulemaking
Daniel Kaufman’s articles from BakerHostetler are most popular: with Finance and Tax Executives and Inhouse Counsel with readers working within the Banking & Credit, Business & Consumer Services and Media & Information industries In July 2025, the Eighth Circuit vacated the Federal Trade Commission's (FTC) Negative Option Rule, which was set to go into effect that month.
ADventures in Law 2026 Webinar: Paying the Price – Junk Fees and Strikethrough Claims in a Changing Enforcement Landscape | BakerHostetler
ADventures in Law 2026 Webinar: Paying the Price – Junk Fees and Strikethrough Claims in a Changing Enforcement Landscape
FTC Signals Restart on Negative Option Rulemaking
In July 2025, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule, which was set to go into effect that month. You can find more details in our blog post on that decision, but, in short, the court found that the FTC failed to satisfy certain procedural hurdles when promulgating the rule.
2025 Year-in-Review: Junk Fee Laws
B BakerHostetler More Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast.
2025 Year-in-Review: Junk Fee Laws
It’s been a busy year for junk fees. In December 2024, the FTC announced its final Junk Fees Rule. The rule generally requires that the total price be disclosed up front more prominently than any other pricing information, but it is limited to two specific industries: live event ticketing and short-term lodging. This scope is much narrower than that of the proposed rule, which would have applied to all industries with limited exceptions.
2025 Year-in-Review: Junk Fee Laws
Turning the Tide on the NLRB Trigger Bill: Preemption Prevails (for Now) Over New York
The GOAT Dispute: A Spirited Defense Against ‘Trademark Bullying’ or Savvy Enforcement Strategy in the Age of E-Commerce?
Negative Option Rule No More: How To Comply In The Wake Of The Eighth Circuit's Decision
As promised in last week's blog that covered the Eighth Circuit's decision to vacate the Federal Trade Commission's (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule), we are back with some practical insights on and considerations of how businesses should think about compliance in the wake of this decision.
Partners Randal Shaheen and Julie Singer Brady, together with Associate Jack Ferry, took part in a webinar for the Association of National Advertisers titled “Update on State and Federal Junk Fee Laws.” Taking place July 15, 2025, the hour-long session focused on the new laws restricting added fees in consumer transactions, discussed compliance options and covered potential risks from class action plaintiffs and regulators. More information.
Eighth Circuit Clicked To Cancel The FTC's Negative Option Rule
B BakerHostetler More Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast.
Eighth Circuit Clicked to Cancel the FTC’s Negative Option Rule
Yesterday, the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Negative Option Rule (Click-to-Cancel Rule or Rule) that was set to go into effect on July 14. As a quick refresher, in October 2024, several trade associations filed petitions for review in four circuit courts challenging the validity of the Negative Option Rule. Custom Communications, Inc. v. Federal Trade Commission, No. 24-3137 (8th Cir. Oct. 22, 2024).
Automatic Renewal Law Updates - Massachusetts, New York And Connecticut
Companies selling subscriptions have been busy navigating compliance with the Federal Trade Commission's Negative Option Rule, which is scheduled to go into effect July 14. But when it rains, it pours. Despite the broad nature of the Negative Option Rule, it does not preempt state laws, and many jurisdictions have unique requirements that go beyond what's in the Negative Option Rule.
FTC Delays Enforcement Of Negative Option Rule Until July 14
The Federal Trade Commission (FTC)released a statementon May 9 deferring by 60 days its enforcement of certain provisions of the Negative Option Rule (the Rule). The bulk of the Rule's requirements are now scheduled to go into effect on July 14. This 60-day deferral gives sellers of services with a negative option feature (e.g., subscriptions) more time to navigate compliance with two key changes.
FTC Delays Enforcement of Negative Option Rule Until July 14
The Federal Trade Commission (FTC) released a statement on May 9 deferring by 60 days its enforcement of certain provisions of the Negative Option Rule (the Rule). The bulk of the Rule’s requirements are now scheduled to go into effect on July 14. This 60-day deferral gives sellers of services with a negative option feature (e.g., subscriptions) more time to navigate compliance with two key changes.
All Bets Are Off! New York Senate Advances Bill To Ban Online Sweepstakes Games
Earlier this month, members of the New York State Senate Racing, Gaming and Wagering Committee unanimously voted to advance bill S5935, which, if signed into law, would (a) forbid the operation and promotion of certain online sweepstakes games in New York and (b) impose penalties of up to $100,000 per violation. A companion bill, A6745, is pending in the New York State Assembly. In 2022, New York, along with many other states, legalized online and mobile sports betting.
Massachusetts Finalizes Junk Fee Regulation
Earlier this month, Massachusetts issued regulations on two of the hottest areas for consumer protection: junk fees and subscriptions. In this blog post, we address the junk fee requirements. For more information on the subscription rules, look out for another blog post coming soon. If you want to read the full regulation, you can find it here, and guidance via FAQs is here.
Promotions Trends To Look For In 2025
B BakerHostetler More Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast.
When it comes to customer satisfaction, performance of collision repair facility and insurer are intertwined
CCC Intelligent Solutions’ Mare Yu talks about the firm’s recent study that looked at how collision centers can best serve their customers.
Homegrown technicians at Westside Lexus get experience early
Androw Faltaous' time at the dealership precedes Reardon's. He is one of three diagnostic specialists at the dealership. In 2005, he went through a training program called Automotive Youth Specialists at his high school and was hired by Westside Lexus. He also is a team leader — like Martinez — on one of the 16 four-person teams at the dealership.
Advanced safety technology causes traffic jam in collision shops
Vehicle complexity in on-board safety systems and the lighter composite materials introduced each model year are placing a strain on the auto collision repair industry, a new report said. CCC Intelligent Solutions Inc.'s Crash Course 2024 looks at the auto collision repair industry against the backdrop of advanced safety technology, a paradox that results in improved driver safety but also increases vehicle complexity. This leads to higher costs for the collision repair industry and its customers.
How-to guide from TruVideo gives pointers on perfecting service inspection videos
"We are being transparent with customers," said Eric Olson, service director for Shaker Auto Group, which has three Mazda stores among its six dealerships. "Before videos, advisers used to take people back to the bays to show them the condition of the vehicle. Now with videos, the trust is instantaneous." Olson, a former shop foreman, said Mazda has taken "a massive leap" in CSI scores because everybody is in the loop. "We're in the service industry," he said.
DMS provider Tekion senses an opportunity
Steven Jarrell, director of group operations at Walt Massey Auto Group, which has eight stores in the Gulf Coast region of Alabama and Mississippi, had seen demos of Tekion and talked to the company's executives at GM events. "We had conversations and talked about their vision of one tool or system," Jarrell said. "Most DMS providers spend their time telling you what they can or can't do. The DMS space for us had become so stale.
New study ranks best states for technicians
In contrast, Washington, D.C. ranks last in the survey. While it has the highest median annual pay for technicians at $60,590, that is well below the overall median annual wage in the district of $79,960. The nation's capital also has the second-highest cost of living in the country behind Hawaii and has only 0.6 mechanic jobs per 1,000. The Census data estimates there are around 629,000 people working as automotive techs across the country and the median annual salary is $46,650.
How To Buy A Car With No Credit
Buying a car is a major expense, which is why many take out an auto loan to finance the purchase. You’ll typically need good credit to qualify for a loan—so if you have no credit, getting the financing you need might seem unattainable. Thankfully, there are strategies that can help you buy a car with no credit. Compare Rates and Save on Your Auto Loan Get up to 4 loan offers in minutes at myAutoloan.com. What Is Credit?
Best practices uncovered in pilot projects always stick
So Walser Automotive launched an experimental My Tech program aiming to provide greater autonomy to its 300 technicians. Technicians were given more face-to-face interactions with customers, they could schedule appointments, send video introductions via cellphone and update customers with videos of their findings from multipoint inspections.
Car-Buying Services: Are They Right For You?
Finding a new or used car that aligns with your budget and needs doesn’t have to be a daunting task. Car-buying services can handle the heavy lifting for you. Here’s how these services work and which ones may be the best for your needs. What Is a Car-buying Service? A car-buying service helps you with the entire process: searching for a vehicle, choosing the right one and negotiating an acceptable price. Not all car-buying services are alike.
UVeye scanners uncover auto wear and tear in service lane
Bowsher says it takes roughly a week for the overall scanner system to be fully operational, with about a day and a half devoted to the installation and another two days to fine-tune the cameras and measure and tweak the scans.
What Happens To A Car Loan When Someone Dies?
While no one wants to think about dying, anything can happen. And unfortunately, if you take out an auto loan and pass away before paying it off, the loan doesn’t just go away. If you’re wondering what happens to a car loan when someone dies, here’s what you should know. What Happens to an Auto Loan If a Car Owner Dies?
How To Buy A New Car
While the process of buying a car might seem overwhelming, especially since there are more options than ever before, there are strategies to help you find the right vehicle while keeping you from taking on unnecessary debt. Compare Rates and Save on Your Auto Loan Get up to 4 loan offers in minutes at myAutoloan.com. 7 Tips for Buying a New Car If you’re ready to buy a new car, here are several tips that will help: 1.
CYTK app puts service, repair info right in techs' hands
"The newer guys embrace the CYTK app," he said. "We do about 1,600 vehicles a month, and using the app has reduced our typical time spent servicing a vehicle by two and a half minutes, or roughly 20 percent." Levenson said his company will generate revenue through recurring monthly subscriptions. The cost of the app is approximately $60 a month for independent shop techs and from $100 to $179 monthly per dealership.
Trailer Manufacturers, Suppliers Aim to Help Fleets Curb Fuel Costs
[Stay on top of transportation news: Get TTNews in your inbox.] As diesel fuel costs continue to rise, fleets and shippers are thinking of innovative ways to reduce fuel consumption. Both have found that monitoring trailer performance plays an important role in achieving optimal fuel savings. Industry providers have found ways to increase the performance of trailers while decreasing the fuel consumption of fleets and shippers.
Service departments are having to let customers go
Firing a customer is clearly the last resort for any dealership service department. But it seems to be happening with more regularity as customers go nose-to-nose with service advisers and fixed ops directors over everything from out-of-stock parts to the price of diagnostics to the unavailability of loaner cars. One service manager told Fixed Ops Journal he would typically "fire" a customer once every four to five years. He did it three times in the first 45 days of 2022.
Clear communication, training can head off angry customers
A customer at a southwest Michigan dealership demanded a loaner while her vehicle was being serviced. When told no because she didn't have auto insurance, the customer locked herself in her vehicle in the service lane. She only left after police showed up. The owner of a new Mitsubishi Eclipse brought the vehicle to the South Carolina dealership service department citing several mechanical issues.
Tire Manufacturers Remain Cautious About Finding Supply Chain Solutions
[Stay on top of transportation news: Get TTNews in your inbox.] Commercial tiremakers are feeling a different type of March Madness dealing with their supply chains. Industry experts trace the start of the supply chain woes to March 2020 and the start of the COVID-19 pandemic, causing the shutdown of manufacturing plants and the further thinning of already tight labor markets.
Outsourcing Repair: Fleets Look to Third-Party Maintenance Services
[Stay on top of transportation news: Get TTNews in your inbox.] With the increased volume of OTR shipping and the rising average cost of new and used Class 8 diesel trucks, the importance of scheduled and emergency maintenance practices remains crucial. Despite a shortage of trained technicians, the industry’s maintenance service providers — from independents and major truck stops to the fleets themselves — are noticing that the miles between unscheduled roadside repairs are also moving higher.
How Much Car Can I Afford?
Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations. Compare Rates and Save on Your Auto Loan Get up to 4 loan offers in minutes at myAutoloan.com. So you’re about to make a major financial decision and purchase a car. Beyond knowing what kind of car you want, you need to first determine what you can comfortably afford.
Cargo Van Manufacturers Take Advantage as the Last-Mile Delivery Industry Grows
[Stay on top of transportation news: Get TTNews in your inbox.] Without much fanfare over the years, the cargo van market has existed as the mobile toolkit of tradesmen, on construction sites and for vocational contractors making home repairs. But this vehicle type is now becoming increasingly popular in another line of work. The massive proliferation of e-commerce has made final-mile delivery vans operated by carriers such as FedEx, DHL and Amazon a common sight in most U.S. neighborhoods.
How To Get A Car Loan With Bad Credit
It’s common for economic hardship to damage credit to the point where getting approved for a car loan might seem more difficult, even though a car is key to meeting needs like going to work, school and, ultimately, getting back on solid financial footing. While it may seem daunting to qualify for a car loan with a bad credit score (below 580), there is a large network of lenders and car dealers who are more willing to work with low- and bad-credit score borrowers.
How To Get A Car Loan With Bad Credit
Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations. It’s common for economic hardship to damage credit to the point where getting approved for a car loan might seem more difficult, even though a car is key to meeting needs like going to work, school and, ultimately, getting back on solid financial footing.
Fleets’ Tire Choices Involve Many Factors
[Stay on top of transportation news: Get TTNews in your inbox.] Selecting the right tires for a trucking fleet’s specific application and business model is both a science and an art, with experience, industry know-how and common sense mixed in. Tire price, tread wear and fuel economy all factor into fleet managers’ decisions as they seek out the best tire specs for their tractors and trailers.
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