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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

Advertising Law - June 2014

Auto Lender Pays $5.5M Over FDCPA, FCRA, and FTC Act Charges - More than $5.5 million was required to settle the Federal Trade Commission’s charges against Consumer Portfolio Services, a California-based auto lender...more

6/19/2014 - Advertising Automotive Loans Compliance FCRA FDCPA FTC Harassment UDAAP

TCPA Connect - June 2014

TCPA Suit Based On Texts Unrelated To Promotion - Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts. ...more

6/17/2014 - Arbitration Class Action Class Certification General Motors Hospitality Industry Resorts & Restaurants TCPA

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

6/13/2014 - Advertising Data Breach Data Brokers FTC GMO Marketing Notice Requirements Privacy Concerns Privacy Laws Transparency

Advertising Law - June 2014

Native Advertising Needs Better Disclosures, Says NAD - Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget”...more

6/9/2014 - Advertising CalOPPA Content Marketing Disclosure FTC Internet NAD Taboola

Advertising Law - May 2014

Schwarzenegger Sues Over Publicity Rights - The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole[] and exploited” his likeness to market its products in...more

5/30/2014 - Advertising Arnold Schwarzenegger Food Labeling GMO Right of Publicity

Advertising Law - May 2014

Here Today, Still Here Tomorrow: FTC Settles With Snapchat - Now you see it … and now it’s still there. Mobile messaging app Snapchat went with a catchier slogan, promising consumers that pictures and videos...more

5/23/2014 - Big Data Class Action Data Protection Food Labeling FTC HHS Internet Kashi Marketing Mobile Apps Mobile Privacy Native American Issues Obama Administration Online Videos Patient Privacy Rights Section 5 SnapChat Text Messages

TCPA Connect - May 2014

New TCPA Class Action Doesn’t Want to Make Friends - Ride-sharing company Lyft is facing a putative class action suit for allegedly violating the TCPA by encouraging users to invite their friends to join the service....more

5/16/2014 - Class Action FCC Lyft Prior Express Consent Putative Class Actions Robocalling TCPA

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

5/14/2014 - Advertising APIs Class Action Digital Advertising Alliance Do Not Track Enforcement Actions False Advertising FTC Marketing Settlement Vibram

Advertising Law - May 08, 2014

Defendant Agrees To Telemarketing, Robocalling Ban In FTC Deal - A defendant agreed to a permanent ban from telemarketing and robocalling in a deal with the Federal Trade Commission, by settling allegations he had...more

5/9/2014 - FTC Net Neutrality Online Privacy Protection Act Privacy Laws Privacy Policy Robocalling Settlement Telemarketing

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

5/2/2014 - Advertising Advertising Substantiation Beretta Big Data Elvis Presley Endorsements False Advertising FTC Lack of Substantiation Mobile Privacy NAD Product Placement

Advertising Law

FTC Checks-In a Victory in Dispute with Wyndham Over Power to Regulate Data Security - In a closely watched dispute over the Federal Trade Commission’s (FTC’s) power to regulate data security, a New Jersey federal...more

4/25/2014 - Advertising Cybersecurity Data Breach Data Protection FTC Wyndham

Advertising Law

SAG Allocation Guidelines Trump Settlement Deal - In the first decision interpreting the Screen Actors Guild 2009 Commercials Contract Allocation Guidelines, an arbitrator ordered a signatory to double its payments to...more

4/18/2014 - Actors Advertising FTC Pinterest SAG

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

4/16/2014 - Robocalling Spam TCPA Texting Yahoo!

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both...more

4/11/2014 - Advertising COPPA Data Protection Privacy Laws

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more

4/7/2014 - Advertising False Advertising Lanham Act Lexmark Lexmark v Static Control Components SCOTUS

Advertising Law

FDA “Dislikes” Drug Company’s Facebook Page - Switzerland-based IBSA Institut Biochimique SA recently got a thumbs-down from the Food and Drug Administration over a Facebook ad for its hypothyroidism drug, Tirosint,...more

3/28/2014 - Advertising FDA Food Labeling FTC gTLD Pharmaceutical Prescription Drugs

Advertising Law

FTC Settles With ADT Over Deceptive Endorsements - Don’t believe everything you see on TV or read on the Internet – at least not from ADT Security Systems. According to an administrative complaint filed by the...more

3/20/2014 - Advertising Endorsements False Advertising FTC

TCPA Connect - March 2014

FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands - What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to...more

3/18/2014 - Cell Phones Mobile Devices Prior Express Consent TCPA

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

3/14/2014 - Advertising Athletes Breach Notification Rule Celebrities Commercial Speech Data Protection Food Labeling Lanham Act Neiman Marcus Target Unfair or Deceptive Trade Practices

Advertising Law - Mar 07, 2014

Site Allows Consumers to Stop Mobile Tracking - Don’t want to be tracked by retail stores while physically shopping? There’s a site for that. Retailers use tracking information to collect data about how shoppers...more

3/7/2014 - Advertising FCC Internet Mobile Devices Mobile Privacy Net Neutrality Retailers Verizon Warrantless Tracking

Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

3/3/2014 - Advertising Data Brokers False Advertising Misrepresentation Shine the Light Law

Advertising Law - Feb 21, 2014

In a First, Dreft Sponsors—And Tweets About—Jonas Baby - In what appears to be the first endorsement for a celebrity baby birth, Dreft laundry detergent announced the arrival of the first born child of Kevin Jonas, the...more

2/24/2014 - Advertising Celebrity Endorsements Endorsements FTC Lanham Act

TCPA Connect - Feb 19, 2014

District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more

2/20/2014 - FCC Robocalling Spam TCPA

Advertising Law - Feb 13, 2014

FTC Drives Car-Related False Ad Suit to Settlement - The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more

2/14/2014 - Advertising Email False Advertising FTC Nissan Spam

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