Antitrust & Trade Regulation Communications & Media

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Trademarks and Unfair Competition Bulletin

In This Issue: - Legislation - Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014 - Poland – Draft amendment to the Industrial Property Law -...more

Hitting Below the Belt? MMA Fighters Allege That UFC Has Monopolized the Mixed Martial Arts Game

Throughout their history, professional sports leagues, including the National Football League, the National Basketball Association, and the National Hockey League, have generated high-profile antitrust litigation. The nascent...more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store....more

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

On the Seventh Day of Privacy, federal agencies gave to me…..

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

CFPB Fines Debt-Settlement Firm

On December 4, the CFPB fined a New Jersey-based debt-settlement service provider $69,075 in civil monetary penalties for alleged violations of the FTC’s Telemarketing Sales Rule (TSR). The CFPB alleged that the firm charged...more

The Class Action Chronicle - Winter 2014

This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Full Disclosure in Advertising – Recent Guidance from the FTC

Enforcement efforts by the Federal Trade Commission in the area of false advertising have long emphasized the importance of disclosing material facts relevant to advertising claims to ensure that messages communicated to the...more

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

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

Spain – Competition Authority orders 4G operators to give MVNOs access

Spain’s Competition Supervision Authority (CNMC), currently in charge of both competition and regulatory matters has ordered the main Mobile Network Operators (MNO) in Spain, namely Telefónica (Movistar), Vodafone and Orange,...more

Federal Trade Commission Shows Willingness to Credit Responsive Data Security Efforts in Exercising Enforcement Authority

In a change of pace, the Federal Trade Commission (“FTC”) recently decided not to pursue an enforcement action against Verizon Communication, Inc. (“Verizon”) following an investigation into whether Verizon violated Section 5...more

Status Updates - November 2014 #13

Search stripped? European regulators have several beefs with Google—the digital giant has been accused of tax avoidance and violations of data protection laws—but right now they’re focused on whether the company, which...more

LCN: Not even the last Commissioner’s draft plan was ok!

Yet another post on LCN! This is one of the most discussed topics in the media sector these days given the economic impact of the LCN regulations on media services operators....more

AgeCheq, Inc. Looking for Second Bite at the Parental Consent Apple

The Federal Trade Commission announced that it has denied AgeCheq, Inc.’s proposed verifiable parental consent method application, which relied on existing verifiable consent methods but also utilized a third-party common...more

Credit Monitoring Company Enters Consent Order with Government Regarding Online ‘Negative Option’

The Federal Trade Commission (FTC) and the Attorneys General of Ohio and Illinois recently entered into a stipulated settlement order with a credit monitoring company arising out of the company’s alleged conduct concerning...more

#Ubergate Makes Plain That Privacy Cannot Be a Passing Thought for Start-Ups

The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more

State AGs Urge FTC to Strengthen Telemarketing Sales Rule

This week, 38 state Attorneys General (AGs) submitted comments to update the Telemarketing Sales Rule (TSR). In a letter to the Federal Trade Commission (FTC), the AGs called for a number of new requirements as part of the...more

Indecent Exposure: FTC Obtains Injunctions Against Debt Brokers for Improperly Published Consumer Information

On November 12, 2014, the Federal Trade Commission announced that the District Court for the District of Columbia had entered preliminary injunctions against two debt sellers which, together, had improperly posted personal...more

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

NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

Ninth Circuit Holds That State AGs and Prosecutors Can’t Seek Restitution On Behalf Of A Class That Already Settled Its Private...

A decade ago, California’s unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff’s tools. Any person—even one with no connection to a particular asserted violation or...more

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