Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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Latest Publications


Advertising Law - January 2016 #2

Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as required...more

2/1/2016 - Attorney Generals Big Data Class Action Class Action Arbitration Waivers Data Breach ECOA False Advertising FCRA Fitbit FTC FTCA Geolocation Personal Data Privacy Policy Uber Unconscionable Contracts

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

1/23/2016 - Advertising COPPA Enforcement Actions Fantasy Sports FTC FTC Act NAD Section 5 Third-Party Third-Party Service Provider

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

1/20/2016 - Class Action Class Certification Consent FCC Predominance Requirement Rule 23(b)(3) TCPA Telemarketing Sales Rule Texting Third-Party Yahoo!

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

1/15/2016 - Advertising AFTRA CA Supreme Court Data Security Food Labeling FTC FTC v Wyndham Mail Medical Marijuana Organic SAG Wyndham

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

12/22/2015 - ADA Advertising Substantiation Celebrity Endorsements COPPA Data Breach Data Security DOJ DraftKings Electronic Frontier Foundation False Advertising FanDuel Fantasy Sports FTC Google Internet of Things Student Privacy Website Accessibility

TCPA Connect - December 2015

SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more

12/17/2015 - ATDS Class Action Consent Do Not Call List FCC FTC Microsoft Settlement TCPA Telemarketing Sales Rule Text Messages

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

12/10/2015 - Commercial Speech False Advertising FCC FDA Food Labeling FTC FTCA GMO Memorandum of Understanding Michael Jordan Right of Publicity YouTube

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

12/4/2015 - Advertising Substantiation Attorney Generals Data Security Dietary Supplements DraftKings FanDuel Fantasy Sports FTC FTCA LabMD Preliminary Injunctions Section 5 Telemarketing Sales Rule

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

11/30/2015 - Android Apple Attorney Generals Copyright Copyright Infringement Cox Communications Data Breach Data Security Data-Sharing DraftKings FanDuel Fantasy Sports FCC FTC Mobile Apps Parody Personal Data

Advertising Law - November 2015 #3

FTC Flushes Claims for "Flushable" Wipes - Reminding advertisers about the importance of environmental marketing claims, the Federal Trade Commission approved a final consent order in an enforcement action against...more

11/24/2015 - Advertising Substantiation All Natural Debt Collection Fantasy Sports FCRA Food Labeling FTC Injury-in-Fact Lead Generators NFL Right of Publicity SCOTUS Spokeo v Robins

TCPA Connect - November 2015

SPECIAL FOCUS: FTC Conducts Workshop on Consumer Protection Issues in Lead Generation - On Friday, October 30, 2015, the Federal Trade Commission hosted a full-day public workshop to explore consumer protection issues...more

11/17/2015 - ATDS Auto-Dialed Calls Bank of America Campbell Ewald v Gomez FCC FTC Government Entities Lead Generators Oral Argument SCOTUS Settlement Offer Standing TCPA Telecommunications

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

11/13/2015 - Advertising Substantiation Bayer Class Action FACTA Fantasy Sports Internet Gambling NARB Online Gaming Self-Regulatory Organizations Settlements

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

10/20/2015 - Auto-Dialed Calls Class Action Class Certification Data Privacy Declaratory Rulings Disclosure Requirements Discovery Do Not Call List Enforcement Actions Exemptions FCC Lyft Opt-Outs Prior Express Consent Public Charities Robocalling Summary Judgment Tax Exempt Entities TCPA Telemarketing Terms of Service Text Messages Yahoo!

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

10/9/2015 - Advertising Air Pollution Celebrities Celebrity Endorsements Class Action Consent COPPA Cybersecurity Data Privacy Data Protection Data Security DOJ Encryption EPA False Statements FTC Instagram Parental Consent Pinterest Section 5 Social Media Startups Television Commercials Unfair or Deceptive Trade Practices Volkswagen

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

10/1/2015 - Ashley Madison Attorney Generals Class Action Consent Decrees Data Privacy Dot Com Disclosure Guide Electronic Communications False Advertising Fraud FTC Green Guides Invasion of Privacy Personal Data Prior Express Consent Punitive Damages Putative Class Actions Restitution ROSCA Twitter Unfair or Deceptive Trade Practices Unjust Enrichment

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

9/28/2015 - App Developers Breach Notification Rule Broadband Class Action COPPA Data Collection Data Privacy Data-Sharing Duty to Disclose E-Cigarettes False Advertising FCC Federal Communications Act FTC Mobile Apps NAD Net Neutrality Online Safety for Children Privacy Policy Tobacco Litigation Unfair Competition

TCPA Connect - September 2015

No Need to Wait for the U.S. Supreme Court—Seventh Circuit Rules on Mooting Offers in TCPA Suits - The latest court to weigh in on an offer of judgment in a Telephone Consumer Protection Act Suit: the Seventh Circuit...more

9/23/2015 - Article III Declaratory Rulings Faxes FCC Genesis Healthcare Corp. v. Symczyk Injunctive Relief Mobile Apps Mootness Motion for Summary Judgment Opt-Outs Putative Class Actions Reversal SCOTUS TCPA Text Messages Third-Party

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency may...more

9/17/2015 - Celebrity Endorsements Cost-Benefit Analysis Cyber Attacks Cybersecurity Data Breach Data Privacy Data Protection Data Security Enforcement Authority FTC FTC v Wyndham FTCA GMO Governor Brown Jared Fogle Labeling Made in the USA Michael Jordan New Legislation Personally Identifiable Information Privacy Policy Right of Publicity Section 5 Subway Unfair or Deceptive Trade Practices

TCPA Connect - August 2015

New Bill Would Create Criminal Penalties for TCPA Violations - Could telemarketers be facing jail time for violations of the Telephone Consumer Protection Act? The answer might be "yes" if a bill introduced by Sen....more

8/21/2015 - Advertising B2B Organizations Consumer Protection Act Criminal Penalties Declaratory Rulings Default Judgment Do Not Disturb FCC Marketing Microsoft Scams TCPA Technology Telemarketing Text Messages Unsolicited Faxes

Advertising Law - August 2015 #3

Ad Group to FTC: Keep Right to Be Forgotten Out of U.S. - Responding to a petition filed by Consumer Watchdog with the Federal Trade Commission seeking an expansion of the “Right to Be Forgotten” to the United States,...more

8/20/2015 - Advertising All Natural Class Action Credit Credit Repair Services False Advertising FTC Gift-Cards Google Right to Be Forgotten Settlement Unfair Competition Unfair or Deceptive Trade Practices

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