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Health Update - November 2014

“Healthcare-Related” Calls: Ambiguity at the Intersection of HIPAA and TCPA - Editor’s Note: The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer...more

11/21/2014 - Business Associates Covered Entities Draft Guidance Electronic Medical Records FCC Health Care Providers Healthcare HHS HIPAA Hospitals PHI Physicians Standard of Care TCPA Text Messages Voicemail

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

11/21/2014 - Advertising Class Action Data Breach Data Protection Data-Sharing Enforcement Actions FCC Kamala Harris Legislative Committees Personally Identifiable Information Privacy Policy Redbox Social Media VPPA Whisper

Advertising Law - November 2014 #3

NAD Sniffs at Odor Protection Claims - Concerned that a 48 hour antiperspirant/deodorant constitutes an overstated claim of “100% odor protection,” the National Advertising Division recommended...more

11/21/2014 - Advertising Anti-Spam Legislation Email False Advertising FDA Food Labeling FTC Labeling NAD Proctor & Gamble Putative Class Actions Scams Software Technology

American Bankers Association Asks FCC for Exemption From TCPA Liability

Why it matters - Seeking an exemption from Telephone Consumer Protection Act (TCPA) liability, the American Bankers Association (ABA) filed a petition with the Federal Communications Commission (FCC) to allow financial...more

11/10/2014 - American Bankers Association Banks Data Breach FCC Financial Institutions Fraud Mobile Devices Notice Requirements Popular TCPA Text Messages

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

11/7/2014 - Advertising Data Protection Internet of Things Legislative Agendas Marketing NAD Online Advertisements Privacy Concerns Robocalling Text Messages

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

10/31/2014 - Advertising Data Mining False Advertising FTC Instagram Marketing NARB NFL Photographs Pinterest Red Bull Right of Publicity

Advertising Law - October 2014 #3

Permanent Ban From Prize Promotion Business After Sweepstakes Scam - A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more

10/27/2014 - Advertising Anti-SLAPP Contests & Promotions FCRA FDA FDCA First Amendment Football FTC Lanham Act NCAA POM Wonderful v Coca Cola Scams Social Media Sweepstakes Wine & Alcohol

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

10/23/2014 - Advertising Cell Phones FCC Hospitals Insurers Lakers Liability Insurance Physicians Prior Express Consent Putative Class Actions Settlement TCPA Third-Party Risk Vicarious Liability

Advertising Law - October 2014 #2

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more

10/20/2014 - Advertising Breach Notification Rule COPPA Data Breach Data Protection FTC Personal Liability Social Media

‘Health Care’-Related Calls: Ambiguity at the Intersection of HIPAA and TCPA

The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer Protection Act (TCPA) for health care messages regulated under the Health Insurance Portability and...more

10/17/2014 - Exemptions FTC Health Care Providers Healthcare HIPAA Mobile Devices Robocalling TCPA Telecommunications Text Messages

Advertising Law - Oct 2014

FTC Mows Down Astroturfing at Yahoo - The Federal Trade Commission has closed an investigation into “astroturfing” by Yahoo employees and declined to take enforcement action because of the limited number of workers...more

10/10/2014 - Advertising Draft Guidance FDA First Amendment FTC Mobile Apps Online Reviews Pharmaceutical Manufacturers Public Disclosure Social Media Yahoo!

Advertising Law - October 2014

SPECIAL FOCUS: The Impact of eBay on Lanham Act False Advertising Litigation - A recent opinion by the United States Court of Appeals for the Third Circuit held that the Supreme Court’s landmark decision in eBay is...more

10/6/2014 - Apple Watch Big Data COPPA Data Breach eBay FTC Lanham Act Privacy Concerns Trademarks Yelp

Advertising Law - September 2014 #2

Use of Flawed Study Results in $3.5M Settlement with FTC - For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more

9/29/2014 - Advertising False Advertising Food Labeling FTC Mobile Apps Weight-Loss Products

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

9/23/2014 - Consent FCC Prior Express Consent TCPA

Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

9/22/2014 - Advertising Apple FTC Google Minors Mobile Apps Mobile Payments Settlement Social Media TCPA VPPA

Advertising Law - August 2014 #3

FTC: Telemarketing Sales Rule Ripe For Review - It’s time to review the Telemarketing Sales Rule, the Federal Trade Commission has announced. Enacted in 1995, the Telemarketing Sales Rule (the Rule) has been...more

8/22/2014 - Advertising FDA FTC Mobile Apps Privacy Policy Robocalling Telemarketing Telemarketing Sales Rule

TCPA Connect - August 2014

Capital One Sets Record With $75M TCPA Deal - In what is believed to be the largest Telephone Consumer Protection Act (TCPA) settlement on record, Capital One Bank, related companies, and their third-party collection...more

8/18/2014 - Banks Capital One Class Action Robocalling Settlement TCPA

Advertising Law - August 2014 #2

Cramming It All In: FTC Has a Busy Week Addressing Mobile Cramming - Mobile cramming was on the forefront of the Federal Trade Commission’s agenda recently, with the agency issuing a new report, testifying before...more

8/14/2014

Advertising Law - August 2014

FTC Sues “Yellow Pages” Scammers - In three new complaints filed in Florida and Washington federal courts, the Federal Trade Commission requested a halt to the operations of Canada-based telemarketers that scammed...more

8/7/2014 - Advertising Class Action Enforcement Enforcement Actions FTC Google Manufacturers Mobile Apps

Advertising Law - July 2014 #4

COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more

7/31/2014 - Advertising Consent COPPA False Advertising False Claims Act FCC FTC Mobile Apps Parental Consent

Advertising Law - July 2014 #3

Suit Seeks To Include E-Mail Address Under Song-Beverly Protections - First zip codes, now e-mail addresses? According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more

7/28/2014 - Advertising Data Collection Dietary Supplements Email False Advertising FDA Gift-Cards Song-Beverly Credit Card Act

Advertising Law - July 2014 #2

Ninth Circuit Finds No TCPA Vicarious Liability for Taco Bell for Texts Sent By Franchisee - On July 2, 2014, the Ninth Circuit issued an unpublished decision in Thomas v. Taco Bell Corp. that is certain to give heart...more

7/21/2014 - Advertising Franchises FTC L'Oreal Labeling T-Mobile Taco Bell TCPA Text Messages Vicarious Liability

TCPA Connect - July 2014

TCPA Suit Claims Obligation To Check Recycled Numbers - The latest company to fall prey to a Telephone Consumer Protection Act (TCPA) class action?: Twitter, facing a California suit from a plaintiff who claims...more

7/17/2014 - Advertising ATDS Class Action Commercial Electronic Messages Consent Media Taco Bell TCPA Text Messages Twitter

Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

7/14/2014 - Advertising Coca Cola False Advertising FDA FDCA FTC Lanham Act NAD POM Wonderful POM Wonderful v Coca Cola Redskins SCOTUS Social Media

Advertising Law - June 2014 #4

Don’t Forget: FTC Settlement Over Memory Claims - The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more

6/30/2014 - Advertising Beastie Boys Copyright Copyright Infringement False Advertising FDA Food Labeling FTC Health Claims Nutritional Supplements

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