Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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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

Advertising Law - August 2015 #2

FDA Wants to Pour Some Sugar on the Nutrition Label - Adding to the proposed changes to the Nutrition Facts label—the first tweaks in 20 years—the Food and Drug Administration has suggested yet another: adding the...more

8/13/2015 - Advertising All Natural Dismissals Do Not Call List Elder Issues False Advertising FDA First Amendment Food Labeling Food Marketing FTC GMO Likelihood of Confusion Medicare Nutrition Facts Labels Scams Telemarketing Sales Rule TTB Wine & Alcohol

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

8/7/2015 - Advertising Amicus Briefs Attorney Generals Auto-Dialed Calls CA Supreme Court Class Action Credit Cards Data Breach Data Privacy Data Security FCC FCRA Hackers Imminent Harm Internet Cafes Internet Gambling Marijuana Neiman Marcus Personally Identifiable Information Robocalling SCOTUS Spokeo Spokeo v Robins Standing TCPA

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

7/30/2015 - Advertising Blue Diamond Growers Class Action CLRA Do Not Track False Advertising Fantasy Sports FDA Gerber Internet Internet Gambling Menu Rule Nutrition Facts Labels Publix Time Extensions Uber W3C Yahoo!

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

7/21/2015 - Auto-Dialed Calls Call Blocking Class Action Common Carriers Declaratory Rulings Disclosure Do Not Call List Dual Purpose Exemptions FCC Federal Rules of Civil Procedure Mobile Apps Mobile Devices PayPal Prior Express Consent Putative Class Actions Reassigned Phone Numbers Revocation Robocalling Smartphones TCPA Telemarketing Text Messages Texting User Agreements VoIP Wireless Devices

Advertising Law - July 2015 #3

Harlem Globetrotters Get an Assist From CARU - In a rare loss, the Harlem Globetrotters agreed, at the direction of the Children's Advertising Review Unit (CARU), that their age-screening practices for the company's...more

7/16/2015 - Attorney Generals CARU City of Chicago City Taxes Cloud Computing Consumer Fraud COPPA Data Mining Do Not Call List FinTech FTC Internet Streaming Mobile Apps Robocalling Telemarketing Virtual Currency

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

7/10/2015 - Anheuser-Busch Better Business Bureau Class Action Commercial Bankruptcy EFTA False Advertising FTC Geolocation Gift-Cards Injunctive Relief Labeling Personally Identifiable Information Privacy Policy Product Labels RadioShack ROSCA TCPA Uber Unclaimed Gift Cards Unfair or Deceptive Trade Practices

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

7/3/2015 - Class Action COPPA Do Not Track Email Facebook False Advertising Google Green Guides Internet Privacy Likelihood of Confusion LinkedIn NAD Netflix Parental Consent Product Pricing Proposed Legislation Retailers Settlement Social Networks Unfair Competition Unilever Video Privacy Protection Act

Advertising Law - June 2015 #4

In Case You Missed It: FCC Adopts Significant Changes to TCPA Rules - Last week, in TCPA Connect, our newsletter devoted to cases and developments surrounding the Telephone Consumer Protection Act, we reported on the...more

6/26/2015 - Advertising All Natural CFPB Crowdfunding False Advertising FCC FinTech Food Labeling GMO Kickstarter Manufacturers Reverse Mortgages Tax Deductions TCPA

TCPA Connect - June 2015

SPECIAL FOCUS: FCC Adopts Significant Changes to TCPA Rules - FCC Chairman Tom Wheeler’s proposal to revise the Telephone Consumer Protection Act rules passed by a 3-2 vote during yesterday’s Open Commission Meeting....more

6/22/2015 - Arbitration Agreements Class Action FCC Mobile Devices Mootness Offer of Judgment Robocalling SCOTUS Settlement Settlement Offer TCPA

Advertising Law - June 2015 #3

CARU Stresses Out Over Claims for Spa Product - The Children’s Advertising Review Unit (CARU) was stressed out over implied claims made by The Maya Group for its Orbeez Body Spa. The product consists of an...more

6/18/2015 - Advertising Cable Television Providers CARU Class Action Colgate Cox Communications False Advertising FTC Settlement

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

6/15/2015 - Advertising Chapter 11 Class Action Commercial Bankruptcy Email Football FTC Licenses Name and Likeness NFL RadioShack Sports Stored Communications Act Yahoo!

Advertising Law - June 2015

Fifty Years Later, Still Feeling the Impact of 1965 - In 1965, TV spots ran for 60 seconds . . . mostly in black & white. A first-class stamp cost five cents. (Remember mail?) Bonanza ruled the airwaves, while...more

6/5/2015 - Advertising Colgate Cosmetics Data Collection Data Protection False Advertising FTC NARB Puffery Sweepstakes Telemarketing Television Commercials

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

6/2/2015 - Advertising Data Collection Dietary Supplements Digital Advertising Alliance False Advertising Fitbit FTC Internet Marketing Mobile Apps Mobile Devices Photographs Privacy Policy Section 5 Social Media

Advertising Law - May 2015 #4

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

5/30/2015 - Attorney's Fees Celebrity Endorsements Cybersecurity Data Security eBay Exceptional Case FTC Lanham Act Legislative Agendas Octane Fitness v. ICON Patent Litigation Patents Retailers SCOTUS Song-Beverly Credit Card Act ZIP Codes

SPECIAL ALERT: FCC Chairman Issues Proposal to Address Open TCPA Petitions

On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposal to his fellow commissioners seeking to address the backlog of petitions concerning the TCPA currently awaiting disposition. A Fact Sheet issued by the FCC...more

5/29/2015 - Consent FCC Revocation Robocalling TCPA

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

5/21/2015 - Advertising Class Action Common Carriers Marketing TCPA Texting Unsolicited Faxes

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

5/18/2015 - Advertising Anheuser-Busch Brand Class Action Credit Reporting Agencies Credit Reports FCRA FDA Food Labeling GMO SCOTUS Spokeo Spokeo v Robins

Advertising Law - May 2015 #2

Data Breach Notification, Cyber Sharing Bills Move Forward - As multiple privacy and data security bills wend their way through the legislative process, three proposals have made significant steps forward. ...more

5/8/2015 - Breach Notification Rule Class Action Cybersecurity Data Breach Data Security FDA FTC Retailers

Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

5/6/2015 - Advertising Amazon Domain Names Fake Reviews False Advertising FTC ICANN Injunctions Native Advertising Online Reviews Trademarks

Advertising Law - April 2015 #2

Red Light! Cab Companies Claim Uber Falsely Claims to Be Safer Service: What’s safer—riding in a cab or riding in an Uber car? - A new false advertising lawsuit raised that question when a coalition of 19...more

4/23/2015 - Advertising Commercial Bankruptcy False Advertising FCC Grocery Stores ISPs Jewel-Osco Michael Jordan Net Neutrality RadioShack Taxi Cabs Uber

TCPA Connect - April 2015

User Choice to Send Solicitations Refutes ATDS Allegations - Following a growing precedent in the California federal district courts, a judge recently concluded that a defendant in a Telephone Consumer Protection Act...more

4/16/2015 - ATDS HSBC Mootness Offer of Judgment Settlement TCPA

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