Art, Entertainment & Sports Consumer Protection

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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

OFT Principles for Online and In-App Games Now in Force

On 1 April, the OFT’s principles for online and in-app games came into force. The principles aim to ensure that consumers are made aware of in-game costs before downloading the application in question, with a view to stopping...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

Australia: ACCC proposes to object to betting agencies’ immunity for collective bargaining and collective boycott against the NRL

On 13 February 2014, the Australian Wagering Council Limited (AWC) lodged a collective bargaining and collective boycott notification (the Notifications) with the Australian Competition and Consumer Commission (ACCC),...more

Australia: Senate scrutinises state of scalping

Last Thursday, the Senate Economics Reference Committee (SERC) conducted a hearing in relation to the Ticket Scalping in Australia inquiry in Sydney. The inquiry, launched with little fanfare in the lead up to Christmas last...more

FTC Announces Settlement Over Alleged Violations Of International Safe Harbor Privacy Framework

On February 11, the FTC announced a settlement to resolve allegations that a children’s online entertainment company falsely claimed it was abiding by the U.S.-EU Safe Harbor international privacy framework. The FTC alleged...more

UK: Advertising watchdog publishes guidance to the gambling industry

The UK’s advertising regulator has published a new Help Note on the rules for gambling advertisements to assist the industry to be responsible and to ensure that children, as well as vulnerable people, are protected....more

UK: OFT gives games developers 2 months to comply with consumer laws (or else)

Following the consultation it carried out last year into the freemium games markets, the UK’s consumer watchdog, the Office of Fair Trading, has published its finalised set of principles to be adhered to by the games...more

Fashion, global e-commerce and harmonized legislation

We discussed fashion and online retail and the new related legal issues. When a fashion company decides to approach e-commerce, it is likely that it will deal with different jurisdictions, taking into account, for...more

ASA Adjudication on Club Website Ltd

The Advertising Standard Authority (“ASA”)’s January decision in respect of “Club Website Limited” demonstrates a continuation of its approach to protecting children from being influenced by gambling advertising....more

German Federal High Court underlines the legality of a linkage between a consumer’s purchase and his/her participation in a raffle...

According to its press release, the German Federal High Court (“BGH”) decided on 12 December 2013 (1 ZR 192/12) that Haribo was allowed to advertise raffles in which only customers who bought specific products were allowed to...more

Australia: South Australian Premier agrees to remove “Gambling starts with Games” advertisements

In its latest step to reduce the perceived harm that might be inflicted on children by simulated gambling, the South Australian Government has commenced an advertising campaign, featuring a billboard with an image of a young...more

Australia: ACT paves the way for TAB sale, while NSW establishes Select Committee on Gambling

In late November 2013, the ACT Minister for Racing and Gaming, Joy Burch, presented the Totalisator Bill 2013 (ACT) (Bill), which is set to repeal the existing Betting (ACTTAB Limited) Act 1964 (ACT) (Act). The Bill seeks...more

Gambling reforms scrapped by Coalition

In recent weeks, the Australian Coalition Government has continued to take steps to implement its “policy to help problem gamblers.” The Coalition’s proposed Social Services and Other Legislation Amendment Bill 2013...more

ACCC raises concern over conduct in the mobile app industry

The Australian Competition and Consumer Commission (ACCC) has this week expressed the need for industry guidance to ensure greater consumer protection by the “app” games industry....more

Australia: Simulated gambling in South Australia’s sights

Having passed the Statutes Amendment (Gambling Reform) Act 2013 (SA) (as we have previously discussed here), the South Australian Government has now set its sights on ensuring that South Australian children are not exposed to...more

Sports, Media and Entertainment Intelligence - December 2013

Italy: Agcom decisions on sport events - Following a consultation with the main stakeholders, the Italian Communication Authority has issued two new decisions concerning radio and audiovisual media’s freedom of press during...more

Advertising Law -- Dec 06, 2013

FTC Settles With Mobile Crammers - In the Federal Trade Commission’s first lawsuit over mobile cramming, Wise Media and two individual defendants agreed to a permanent ban on placing unauthorized charges on telephone...more

DLA Piper at European Responsible Gaming Day

On November 28, a round table on the role of the European Union in online gambling was organized by the European Gaming and Betting Association (EGBA) during the sixth Responsible Gaming Day in Brussels. Patrick Van...more

South Australia introduces new casino and poker machine licencee restrictions to promote responsible gambling

The Parliament of South Australia has passed the Statutes Amendment (Gambling Reform) Bill 2013 (SA) which contains reforms to gaming machine (“pokies” in Australian slang) laws under the Gaming Machines Act 1992 (SA) and...more

Sports, Media and Entertainment Intelligence - November 2013

BETTING AND GAMING - UK: 12-year ban for snooker match fixing - The World Professional Billiards and Snooker Association has suspended snooker player Stephen Lee for 12 years after he was found guilty of match fixing....more

Belgium: Gaming Commission pleads for access to State Register

Patrick Van Eecke and Antoon Dierick (both DLA Piper Brussels) comment on the Belgian Gaming Commission’s announcement in today’s newspapers that it should be granted access to the State Register in order to fight against...more

Around the Virtual World: October 21-25, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. A Senator Raises Privacy Questions About Cross-Device Tracking - Senator Edward J. Markey, Democrat of...more

Australia: Venue design is not child’s play

New guidelines have been issued for the approval of Victorian gaming venues which relate to the location and design of children’s play areas. Many clubs and hotels which operate as gaming venues, also offer dining,...more

INVESTIGATIVE REPORT FOR THE MASSACHUSETTS GAMING COMMISSION: APPLICANT: Sterling Suffolk Racecourse, LLC PRINCIPALS: Joseph...

Executive Summary: On January 15, 2013, Sterling Suffolk Racecourse, LLC (“Applicant” or “SSR”) filed an application for a Category 1 gaming license with the Massachusetts Gaming Commission (“Commission”). The proposed...more

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