📅 2026 Update: Changes in Digital Advertising Laws

Since the original article was published, several significant changes have occurred in the realm of digital advertising laws. These updates affect how businesses operate online and interact with consumers. The previous article continues further down the page, offering foundational insights into digital advertising.

⚖️ Maryland's Digital Advertising Tax Invalidated

On August 15, 2026, the Maryland Tax Court invalidated the state's digital advertising tax. This ruling stated that the tax violated the Commerce Clause and Due Process Clause of the U.S. Constitution.

The court also noted that the tax was preempted by the federal Internet Tax Freedom Act (ITFA). Businesses that were preparing for compliance with this tax can now disregard any associated forms or steps.

📞 FCC's One-to-One Consent Rule Vacated

In July 2025, the Federal Communications Commission (FCC) removed the one-to-one consent rule from regulations. This rule would have required businesses to obtain individual consent from consumers for each seller before sending marketing texts or making robocalls. The removal simplifies the process for businesses engaging in digital advertising and marketing.

🔒 Updates on State Privacy Laws

From July 2024 to June 2025, no new states enacted comprehensive data privacy laws. However, states like Montana, Connecticut, and Utah made amendments to existing laws. These changes broadened applicability and limited exemptions, which affects how businesses handle consumer data in advertising.

📊 Digital Advertising Expenditure Increase

In 2024, legal services advertisers spent $725,668,400 on digital ads. This amount marks a significant increase from previous years, showing the growing importance of digital advertising in the legal sector. Businesses must consider how these expenditures align with compliance and advertising standards.

📌 Key Takeaways

  • ⚖️ Maryland's digital advertising tax was invalidated.
  • 📞 The FCC vacated the one-to-one consent rule.
  • 🔒 Some states updated their privacy laws, affecting consumer data handling.
  • 📊 Legal services saw a rise in digital advertising spending.

💡 Tips for Navigating Digital Advertising

Examine the details of your situation with your attorney to ensure compliance with current regulations.

📋 Understand Recent Legal Changes

Stay informed about recent legal changes like the invalidation of Maryland's digital advertising tax. Knowing about these shifts can save your business from unnecessary compliance efforts.

📅 Keep Up with State Privacy Laws

Be aware of amendments in state privacy laws, particularly in states where you conduct business. This will help you stay compliant and avoid penalties related to consumer data handling.

📈 Monitor Advertising Expenditures

Track your digital advertising spending. The increase in expenditures in the legal services sector shows that businesses are investing more in digital marketing, which may require updated budgeting strategies.

📞 Review Marketing Communication Rules

Familiarize yourself with the FCC's updated rules on marketing communications. The removal of the one-to-one consent rule simplifies the process for robocalls and marketing texts.

🛡️ Utilize Government Resources

Take advantage of resources provided by organizations like the Federal Trade Commission (FTC) and the National Advertising Initiative (NAI). These resources can help guide your advertising practices.

🏆 Digital Advertising Services Ranked by User Reviews (2026)

The services listed here are geared toward enhancing digital advertising strategies. They fit well within the context of this article, focusing on digital marketing and compliance. The order reflects Trustpilot scores verified in October 2026, but these ratings can change.

It's important to remember that star ratings are just one indication of service quality; unhappy customers tend to post more reviews.

🥇 1. Whamply Media

Whamply Media holds a Trustpilot score of 4.9. This company is known for its AI-enabled digital marketing and e-commerce SEO services. Reviewers appreciate the effectiveness of their solutions, particularly in enhancing online visibility.

However, Whamply Media primarily focuses on clients in India and the U.S., which may limit its reach for businesses elsewhere.

🆓 Free Government and Nonprofit Help

Businesses can access free resources from the National Advertising Initiative (NAI) and the Federal Trade Commission (FTC). These organizations provide valuable guidance on advertising practices and help businesses navigate compliance with advertising laws.

🔎 What to Compare When Choosing Digital Advertising Services

  • 📊 Trustpilot ratings and review counts
  • 💼 Specializations in digital marketing or advertising
  • 🌐 Geographic focus and service availability
  • 🛡️ Compliance with advertising laws and regulations

❓ Frequently Asked Questions

❓ What is the impact of the Maryland Tax Court ruling?

The ruling invalidated Maryland's digital advertising tax, affecting businesses that might have been preparing for compliance. Companies are no longer required to follow any associated steps.

📞 How does the FCC's removal of the one-to-one consent rule affect businesses?

The removal simplifies the marketing process, allowing businesses to send marketing texts and robocalls without obtaining individual consumer consent for each seller.

🔒 Are there new privacy laws that affect digital advertising?

While no new comprehensive privacy laws were enacted between July 2024 and June 2025, existing laws in states like Montana, Connecticut, and Utah were amended, affecting how businesses handle consumer data.

📈 How much did businesses spend on digital advertising recently?

In 2024, legal services advertisers spent $725,668,400 on digital ads, indicating a significant investment in digital marketing strategies.

📋 Where can businesses find resources for advertising compliance?

Businesses can turn to the National Advertising Initiative (NAI) and the Federal Trade Commission (FTC) for free resources and guidance on advertising practices.

📅 How should businesses track changes in digital advertising laws?

Regularly review updates from state and federal agencies to stay current on digital advertising laws. This helps businesses avoid compliance issues and adapt their marketing strategies as needed.

⚖️ Recent Court Cases Related to Digital Advertising

Recent court rulings are shaping the landscape of digital advertising laws and practices. These cases highlight the evolving regulatory environment businesses must navigate.

For further insights on digital advertising rulings, feel free to explore more rulings on the news page.

End of October 2026 Update





What is Digital Advertising?

Digital advertising is a form of promotion that utilizes electronic or digital mediums, such as the Television or Internet, for the expressed purpose of delivering marketing messages as to attract new customers. A major benefit of digital advertising is the immediate publishing of information and content that is not restrained by geography or time; additionally, digital advertising allows a user to interact with the message either through enhanced visuals or elaborate promotions.

Dissimilar to physical or traditional advertising techniques, a digital advertising company will utilize a distinct medium--such as the television, radio or Internet-- to attract new customers. By utilizing these forms of technology, the advertisements can take a more creative or elaborate form.

For instance, television commercials utilize a number of different advertising strategies, concepts, color schemes, visuals and music overlay to attract new customers to a new product or service. Regardless of the medium, all forms of digital advertising aim to accomplish one thing: attract new customers to a product or service. To achieve this goal, digital advertising mediums will either create a commercial or advertisement to make a product or service memorable or will flood a particular medium with multiple advertisements to effectively attract  as many consumers as possible.

Types of Digital Advertising Techniques:


Television Advertising: The television commercial is typically considered the most effective form of mass-marketing digital advertising format, as reflected by the enormous prices television networks charge for commercial airtime during popular broadcasts, such as the Super Bowl. The majority of television commercials attract consumers by featuring a song or jingle that listeners soon relate to the product.

The premise behind television advertising is to make the advertised good or service memorable to the viewing audience. To accomplish this, this medium for digital advertising will often include computer graphics, obscene situations, celebrity spokespeople, creative dialogue or catchy jingles.


Radio Advertising: This form of digital advertising is used via the medium of radio. Radio advertisements are broadcasted as radio waves to the airspace from a transmitter to an antenna, which is directly linked to the listener’s receiving device.

Radio advertisements are profitable forms of digital advertising for the respective station and holding company; airtime is purchased from the station or network in exchange for airing the underlying company’s commercials. Although radio advertisements have the obvious limitation of being restricted to just sound, proponents of this medium of advertising cite this as a distinct advantage. Additionally, radio advertising, depending on the particular airtime purchased, is significantly cheaper than television commercials.Online or Internet Advertising: Internet advertising is a form of digital advertising, which uses the Internet and World Wide Web for the expressed purpose of delivering a product, message, or service to attract new consumers. There are number of forms of Internet advertising, including: social network advertising, advertising networks, e-mail advertisings, banner advertisements, search engine result pages and various promotions established between Internet companies.

The Many Varieties of Digital Advertising