Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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Latest Publications


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

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

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