Art, Entertainment & Sports Consumer Protection

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
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Paid Celebrity Endorsements in Social Media: The FTC Is Watching

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

To (Dis)Close for Comfort–FTC Workshop Seeks Effective Consumer Disclosures

A goal of providing effective disclosures to consumers is to allow consumers to make informed decisions. But what must be done to make disclosures effective? This was the question the Federal Trade Commission (FTC) explored...more

Everything You Need to Know About Texting Your Listeners

Elaine Bonin of Franklin, Wisconsin received several sports scores via text courtesy of CBS Radio but did not recall signing up. Like any good citizen, recognizing that under the Telephone Consumer Protection Act she might...more

NBA Team Sued By Fans Over Mobile Application

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players...more

NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row

Greenberg Glusker entertainment and sports partner Glen A. Rothstein, was quoted in a Law360 article, “NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row,” (subs. required). The August 18, 2016, article looks at...more

Pokémon GO: An Indicator of Product Liability in the App Economy

As a big law firm involved in the defense of Product Liability cases, of course we are interested in how Product Liability law will evolve to address the App Economy. Mobile apps (apps) are software applications designed...more

The New Jersey Supreme Court Will Consider Related Questions on Appeal in Two TCCWNA Class Actions

By now, many retailers have heard of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), which is the basis for several class action lawsuits filed in New Jersey state and federal...more

DOJ Rejects Modifications of ASCAP, BMI Consent Decrees

On August 4, 2016, the Department of Justice (“DOJ”) rejected changes to the 1941 consent decrees with ASCAP and BMI. These decrees have been in place since 1941, when the DOJ settled antitrust claims with ASCAP and BMI...more

Welcome (Back) to New York: The Empire State Legalizes Daily Fantasy Sports

On Wednesday, Governor Andrew Cuomo signed into law S. 8153, a bill authorizing daily fantasy sports (DFS) in the Empire State. The law requires DFS operators to register with the New York State Gaming Commission, pay a 15%...more

Michigan Court Holds That Pandora Users Are Not Customers Under State Law, Further Narrowing Streaming Privacy Laws

On July 6, 2016, the Michigan Supreme Court held that a Pandora user was not a “customer” allowed to bring a class action under the Video Rental Privacy Act (“VRPA”) in Michigan. ...more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

Riding the Initial “Pokémon Go” Phenomenon: Branding Basics

Pokémon Go, released July 6, has unleashed a swarm of hopeful Pokémon trainers into the world, seeking to, as Pokémon famously says, “catch ‘em all.” And while Pokémon Go users are traversing cities, towns and hamlets to...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Game Over: Warner Bros. Settles FTC Charges Relating to Video-Based Influencer Campaign

Earlier this week, the FTC announced that Warner Brothers entered into a consent order as a result of a complaint charging failure to adequately disclose that the video game publisher paid influencers to promote a new video...more

Collusion on the catwalk: have the UK’s top modelling agencies breached competition law?

On the 25th May 2016, the UK’s Competition and Markets Authority (“CMA”) issued a statement of objections to five of Britain’s most prestigious modelling agencies alleging an infringement of Chapter I of the Competition Act...more

Updating the AVMS Directive: making VoD services pay?

Our latest client alert on the European Commission’s Digital Single Market strategy sets out some of the key aspects of the most recent proposal from the Commission relating to the Audiovisual Media Services Directive and...more

The Paper Trail: The Potential Data-Breach Sitting in your Printer

In April 2016, the sensitive personal medical information of NFL players was stolen from the car of a trainer who had left the files in a backpack in his locked car. In 2014, Safeway, Inc. settled charges brought by the...more

FTC Prevails in Action against Amazon for Unlawfully Billing Parents for Children’s Unauthorized In-App Purchases

In the wake of thousands of parental complaints about unauthorized in-app purchases made by their children, resulting in millions of dollars in disputed charges, the Federal Trade Commission (“FTC”) brought suit against...more

In Landmark Case Utah Jury Decides in Favor of FTC, Against Companies for Violations of the Telemarketing Sales Rules and Do Not...

A Utah federal court jury decided last week that the Federal Trade Commission’s (FTC) claims against Forrest S. Baker, and his film firms, Feature Films for Families, Inc., Corporations for Character, L.C., and Family Firms...more

Good Things Happen In Threes: Tennessee Becomes Third State To Enact DFS Law

On April 28, 2016, Tennessee Governor Bill Haslam signed the Fantasy Sports Act into law. The Act expressly defines fantasy sports contests as games of skill and regulates them. Passage of the Fantasy Sports Act makes...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

NY Hospital to Pay $2.2 Million for Allowing TV Crew to Videotape Dying Patient

On the ABC television series “NY Med,” doctors from New York-Presbyterian Hospital (NYP) are profiled as they perform medical procedures. However, in an effort to keep it “real,” the show’s crew has landed the hospital in hot...more

Sony settles employees’ class action suit for up to $8M

The Sony data breach in 2014 was one of the most significant breaches experienced and was a first on many fronts. It was alleged to have been caused by North Korean hackers (calling themselves Guardians of Peace) seeking to...more

A Signed Declaration Of Age Card Is Not The Only Defense To Prosecution For Selling Alcoholic Beverages To A Minor

The verification process of having purchasers complete a declaration of age card is overly burdensome on the licensee, especially at busy nightclubs, taverns, and restaurants. The licensee must weigh valid customer demands...more

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