Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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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 MyLife 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

Advertising Law - April 2015

Pink Cadillac Not Included: Mary Kay Sues Over “Fraudulent Couponing Scheme” - According to a new federal court complaint filed by Mary Kay, Inc., online deal site RetailMeNot has tricked consumers with a “fraudulent...more

4/3/2015 - Coupons Cross-Device Food Labeling Food Manufacturers FTC Mary Kay Mobile Devices

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

3/27/2015 - Advertising Consumer Privacy Bill of Rights Data Brokers Direct Marketing Association Fake Reviews False Advertising FTC Legislative Agendas Online Reviews Pending Legislation

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

3/23/2015 - Advertising Consumer Privacy Bill of Rights FCC ISOs NAD Net Neutrality POM Wonderful Sprint

TCPA Connect - March 2015

California TCPA Suit Moves Forward - A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s...more

3/19/2015 - Advertising Cell Phones JPMorgan Chase Putative Class Actions Retailers Robocalling TCPA

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

3/13/2015 - Advertising Class Action Cyber Attacks Cybersecurity Data Breach Data Protection Digital Advertising Alliance False Advertising FTC Hackers LinkedIn mHealth Mobile Apps Opt-Outs Settlement Unfair or Deceptive Trade Practices Web Tracking

Advertising Law - March 2015

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands - A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

3/6/2015 - Advertising Class Action Data Breach NAD Online Reviews Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs Terms of Service Trademark Infringement Urban Outfitters Yelp ZIP Codes

Advertising Law - February 2015 #4

“Big Data” Mergers Should Trigger Regulatory Investigation, Groups Say - The Federal Trade Commission should take a closer look when companies with “big data” consolidate or merge, consumer groups recently...more

3/2/2015 - Advertising Better Business Bureau Big Data FTC Media Sweepstakes

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

2/23/2015 - Advertising Breach Notification Rule Broadband Class Action Cybersecurity Data Breach Data Protection False Advertising FCC FTC Internet Internet of Things Labeling Marketing Net Neutrality Product Labels Telemarketing

TCPA Connect - February 2015

TCPA Suit on Hold Pending FCC Petitions - A federal court judge has stayed a class action pending a decision by the Federal Communications Commission on the issue of whether the agency overstepped its bounds by issuing...more

2/18/2015 - Advertising Class Action Debt Collection Discovery Endo Pharmaceuticals Faxes FCC FDCPA Opt-Outs State Farm TCPA

Advertising Law - February 2015 #2

Podium P-O-V: Observations From Marc Roth on ERA’s Great Ideas Summit - I recently had the pleasure of participating on an “Advocacy Update” panel at the Electronic Retailing Association’s Great Ideas Summit in Miami...more

2/13/2015 - Advertising Cybersecurity Data Breach Data Collection Data Protection False Advertising FTC Internet Internet of Things Personal Data Notification and Protection Act Retailers ROSCA Weight-Loss Products

Advertising Law - February 2015

FTC Consumer Protection Head Addresses Do’s, Don’ts for Privacy - Calling the current advertising climate “a technological revolution at the intersection of marketing and consumer data,” Director of the Federal Trade...more

2/9/2015 - Advertising Children's Online Games Class Action FTC Google Wine & Alcohol

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

1/30/2015 - Advertising Barack Obama CFAA Consumer Privacy Bill of Rights Cybersecurity Dietary Supplements False Advertising Federal Breach Notification Standard FTC Gerber Information Sharing Labeling NAD Nestle Proctor & Gamble Student Digital Privacy Act

Advertising Law - January 2015 #2

Safeway Must Pay Customers for Higher Online Prices - A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more

1/23/2015 - Advertising Breach of Contract Dish Network False Advertising FTC Grocery Stores Internet Retailers Misrepresentation NFL Retailers Right of Publicity Safeway Inc Video Games

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

1/22/2015 - Class Action Dish Network FCC Mootness Offer of Judgment Robocalling TCPA Telemarketing Third-Party Liability Twitter Vicarious Liability

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

1/15/2015 - Advertising Cramming Data Brokers Eastman Chemical Enforcement Actions False Advertising Food Labeling FTC Gerber Lanham Act Manufacturers Marketing Scientific Speech T-Mobile

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

12/29/2014 - Accessibility Rules ADA Advertising Dietary Supplements DOJ Dole Food Food Labeling Internet Retailers Mobile Apps Nutritional Supplements Personally Identifiable Information Privacy Policy

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