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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

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

12/19/2014 - Class Action Contests & Promotions Enforcement Actions FCC Federal Rules of Civil Procedure FTC Healthcare Patient Privacy Rights Personally Identifiable Information PHI Pleading Standards Proposed Regulation Public Disclosure Television Broadcast Stations VPPA Websites

TCPA Connect - December 2014

Burger King Settles TCPA Suit for Whopping $8.5M - Letting the class have it their way, Burger King reached an $8.5 million deal to settle a Telephone Consumer Protection Act suit over fax advertisements....more

12/16/2014 - Advertising Burger King Class Action Opt-Outs TCPA Third-Party Liability Unsolicited Faxes

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

12/12/2014 - Advertising Attorney Generals Data Collection FDA Food Labeling Privacy Policy Telemarketing Telemarketing Sales Rule Uber

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

12/8/2014 - Advertising Anti-SLAPP Communications Decency Act Emails False Advertising First Amendment FTC FTC v Wyndham Google LinkedIn Mediation NAD Putative Class Actions Right of Publicity Search Engines SEO Social Networks Wyndham

Advertising Law - November 2014 #4

FTC Takes on a Patent Troll - Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more

11/26/2014 - Big Data Broadband Consent Order Data Breach Data Collection Enforcement Actions FTC IAB Net Neutrality Non-Practicing Entities Patent Trolls Public Comment Robocalling Small Business Telemarketing

TCPA Connect - November 2014

Ruling on ATDS Capability, California Court Dismisses TCPA Suit - Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system...more

11/24/2014 - American Bankers Association Banks Exemptions FCC FCRA Financial Institutions Fraud Motion to Dismiss Risk Alert Robocalling TCPA VoIP

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

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