Negative option marketing is a common form of marketing whereby the absence of affirmative consumer action constitutes consent to be charged for goods or services. Such marketing is widely used and can provide benefits to...more
In a new false advertising class action, a Virginia resident accused Godiva of deceptively promoting its chocolate products to make them seem as if they were made in Belgium—despite the fact that they are produced in...more
Indiana Attorney General Curtis Hill has sued a Texas-based promotions company, alleging that Hopkins and Raines, Inc., deceptively advertised promotions on behalf of motor vehicle dealerships in violation of state law....more
In the latest deceptive pricing class action, a California federal court dismissed a challenge to LensCrafters’ marketing for prescription lenses.
Sandra Seegert visited one of LensCrafters’ 130 California stores in April...more
A California appellate panel reversed dismissal and reinstated a deceptive pricing action against electronics retailer Newegg in a broad ruling that will make it easier for plaintiffs to bring similar cases....more
Offering some hope to retailers facing litigation over allegedly false markdowns on price tags, the U.S. Court of Appeals, Ninth Circuit released an unpublished opinion upholding a California federal court decision that...more
After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case....more
The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company....more
NAD Considers Grocery Store Claims, Including Jurisdiction Question -
A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more
Website, Mobile App Get Changes Thanks to CARU -
A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more
BART’s App Crashes Into Privacy Suit -
San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more