Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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Latest Publications


Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more

10/12/2016 - Credit Card Surcharges Credit Cards Debit and Credit Card Transactions False Advertising First Amendment FTC Independent Contractors Marijuana Medical Marijuana Merchants Misclassification PAGA Privacy Policy Putative Class Actions Retailers Starbucks Uber ZIP Codes

Health Update - September 2016

The Election’s Impact on Healthcare: Preparing for Potential Scenarios - Editor’s Note: Election 2016 will have a major impact on federal and state healthcare policy. To be prepared for all the possibilities, it’s...more

9/22/2016 - Affordable Care Act Civil Monetary Penalty DOJ False Claims Act (FCA) FCC FTC Health Care Providers HIPAA IPAB Presidential Elections Privacy Policy Risk Mitigation TCPA Telemarketing WhatsApp

TCPA Connect - September 2016

SPECIAL FOCUS: Responses to Retail Webinar Attendee Questions - During our hugely successful “Avoiding TCPA Pitfalls: Essential Guidance for Retailers” webinar this summer, we received dozens of questions from attendees,...more

9/21/2016 - ATDS FCC Injury-in-Fact Mobile Apps Robocalling Standing TCPA Text Messages Unfair Competition

Yet Another Bank Reaches Multimillion-Dollar TCPA Deal

Following the lead of other banks facing putative class actions under the Telephone Consumer Protection Act (TCPA), JPMorgan Chase Bank agreed to pay recipients of unwanted phone calls $3.75 million....more

7/21/2016 - ATDS Banks Corporate Counsel FCC JPMorgan Chase Putative Class Actions Robocalling Settlement TCPA

Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more

6/24/2016 - Article III Breach Notification Rule Chemicals Class Action Data Breach EPA False Advertising Independent Contractors Injury-in-Fact NAD PF Chang's Robocalling Rule 23 Settlement Spokeo v Robins Standing TCPA Toxic Substances Control Act (TSCA) Uber

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

5/25/2016 - Article III Class Action Class Certification FCC FCRA Injury-in-Fact Robocalling Rule 23 SCOTUS Spokeo v Robins Standing TCPA Text Messages

Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of...more

5/19/2016 - Civil Forfeiture Enforcement Actions False Advertising Food Labeling FTC FTC Act Job Applicants Lead Generators Misrepresentation Petition for Writ of Certiorari POM Wonderful Scientific Evidence SCOTUS Section 5 Unfair or Deceptive Trade Practices Weight-Loss Products

TCPA Connect - May 2016

BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more

5/18/2016 - Article III Class Action Debt Collection FCC FCRA Federal Rules of Civil Procedure Injury-in-Fact Mootness Personal Liability Rule 68 SCOTUS Spokeo v Robins Standing Statutory Damages Summary Judgment TCPA

Advertising Law - May 2016 #2

New Jersey Statute Causing Uptick in Class Actions - Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more

5/12/2016 - Affiliate Marketers Chipotle Grill Class Action CNN False Advertising GMO Mobile Apps Motion to Dismiss Video Privacy Protection Act

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

5/7/2016 - Advertising Data Breach Disparagement Exclusivity Clauses False Advertising FDCA Free Speech Lanham Act Misleading Statements Music Streaming PF Chang's Preemption SCOTUS Standing Trademark Registration Trademarks Unfair Competition

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

5/2/2016 - Advertising All Natural Class Action Deceptively Misdescriptive Dietary Supplements Endorsements Enforcement Actions False Advertising FRCP 23(b)(3) FTC Kohls NARB Native Advertising Scientific Evidence Unfair Pricing

Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of...more

4/27/2016 - Affordable Care Act HIPAA Audits Hospitals Joint Venture NIST OCR Single Entity Rule

TCPA Connect - April 2016

Podium P.O.V.: Observations From Marc Roth on PACE's Annual Convention - I recently had the privilege of speaking at the Professional Association for Customer Engagement annual convention in Orlando. As in prior years,...more

4/22/2016 - ATDS B2B Organizations Dismissals Faxes FCC Putative Class Actions Robocalling TCPA

Advertising Law - April 2016 #3

SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History - Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more

4/22/2016 - Advertising Copyright Deceptively Misdescriptive Endorsements FTC Libel Olympics Right of Publicity Social Media Sponsors Testimonial Statements Twitter Uber UK

Advertising Law - April 2016 #2

FTC Hits Volkswagen With Suit Over Emissions Ad Campaign - The Federal Trade Commission filed suit against Volkswagen Group of America, charging the automaker with deceiving consumers in violation of Section 5 of the...more

4/15/2016 - ADA Calculation of Damages EPA False Advertising FCC Food Labeling FTC Putative Class Actions Section 5 Volkswagen Website Accessibility

Advertising Law - April 2016

Yahoo's Deal on E-Mail Scanning: More Warnings, No Cash - A California federal court judge granted preliminary approval of a settlement agreement in a lawsuit accusing Yahoo of reading e-mail messages for ad-targeting...more

4/8/2016 - Advertising Class Action Email Fantasy Sports FTC Starbucks Yahoo!

Advertising Law - March 2016 #4

FCC Releases Privacy Regime for ISPs - Creating a storm of controversy, the Federal Communications Commission released information about its privacy proposal for Internet service providers. Pursuant to the plan,...more

4/1/2016 - App Developers Do Not Call List DOJ FCC FTC Internet Service Providers (ISPs) Mobile Apps NAD Privacy Policy Telemarketing Television Commercials

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

3/26/2016 - Attorney Generals Damages Debt Collection FCC FDCPA Prior Express Consent Proposed Amendments Robocalling TCPA VoIP

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

3/25/2016 - CFPB CLRA Data Security Enforcement Actions False Advertising FTC FTC Act Internet Retailers Joint and Several Liability Misrepresentation PCI-DSS Standard Personal Liability Section 5 Unfair or Deceptive Trade Practices Unfair Pricing

Advertising Law - March 2016 #2

SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads - Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more

3/17/2016 - Advertising Commercial Speech EU-US Privacy Shield FDA FTC Lanham Act Native Advertising NFL Prescription Drugs Right of Publicity

Advertising Law - March 2016

Tech Company Settles With FTC Over Installation of Apps Without Permission - A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more

3/10/2016 - Advertising Celebrity Endorsements Data Security Enforcement Actions False Advertising Fraud FTC FTC Act Mobile Apps Network Security Scams Telemarketing Sales Rule

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

2/23/2016 - Class Action Declaratory Rulings Dismissals Do Not Call List Faxes FCC Mortgage Lenders Opt-Outs Prior Express Consent Settlement TCPA Text Messages Treble Damages Unsolicited Phone Calls

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

2/22/2016 - Advertising Article 29 Working Party (WP29) Clear and Convincing Evidence Comparative Advertising Defamation EU-US Privacy Shield FTC FTC Act International Data Transfers Kohls Libel Made in the USA Misrepresentation Personal Data Product Labels Public Figures Twitter Unfair or Deceptive Trade Practices Unfair Pricing US-EU Safe Harbor Framework

Advertising Law - February 2016 #2

FTC's Brill to Advertisers: Enhance Consumer Notice, Control - Exhorting advertisers to provide consumers with greater notice and control—particularly with regard to native advertising and cross-device...more

2/15/2016 - Advertising Amicus Briefs Cell Phones Class Action Food Labeling Food Manufacturers FTC Local Ordinance Native Advertising Opt-Outs San Francisco Soda Bans Software Developers Tracking Systems Truth in Advertising Warning Labels

Advertising Law - February 2016

Tensions Mount Prior to Contract Renewal Between Industry, SAG-AFTRA - The ad industry and the Screen Actors Guild-American Federation of Television and Radio Artists plan to negotiate successor agreements to the current...more

2/8/2016 - ACLU AFTRA Broadband Digital Advertising Alliance Electronic Frontier Foundation False Advertising FCC FTC Native Advertising Online Interest-Based Advertising Accountability Program Opt-Outs Preemption Product Labels Putative Class Actions SAG Television Commercials Trade Unions TTB

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