Communications & Media Antitrust & Trade Regulation

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Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

POM Wonderful LLC (“POM”) produces and sells a pomegranate-blueberry juice blend. POM brought a Lanham Act suit against Coca-Cola for allegedly marketing one of its juices in such a way that it misled consumers into thinking...more

Disclosure At The Mobile Check-Out: The FTC's View On Mobile Shopping Apps

In its August 1st report entitled "What's the Deal — An FTC Study on Mobile Shopping Apps," the FTC provides guidance on various disclosures that should be made by mobile apps along with reinforcing a number of prior...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

Status Updates - August 2014 #7

..Better shop around. In connection with a new staff report, the Federal Trade Commission (FTC) examined 121 popular apps used to comparison shop, find online deals and pay with mobile devices; the FTC concluded that many of...more

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data

Recent comments filed by various stakeholders in response to the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Request for Public Comment (RFC) on “Big Data and Consumer...more

$3.5 Million Cactus Juice Settlement Should be a Warning to Advertisers

In this health-conscious age, consumers are always on the lookout for new products which will improve wellness and quality of life. Marketers attuned to this trend may be tempted to increase sales by extolling the virtues of...more

FTC Reports Mobile Shopping App Consumer Disclosures Are Insufficient

On August 1, the FTC released a staff report on the agency’s review of shopping apps—those used for comparison shopping, to collect and redeem deals and discounts, and to complete in-store purchases. ...more

Advertising Law - August 2014 #2

Cramming It All In: FTC Has a Busy Week Addressing Mobile Cramming - Mobile cramming was on the forefront of the Federal Trade Commission’s agenda recently, with the agency issuing a new report, testifying before...more

FTC Undertakes Period Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its...more

For goodness sake! Taking cause-related marketing rules to heart

Whether it’s an organization that is close to the CEO’s heart, a response to a local tragedy, or a PR move to distract from some unpleasant news, there are times when extending a helping hand can also help a company’s bottom...more

Privacy and Information Security Alert: Federal Trade Commission Recommendations for Companies Providing Mobile Shopping...

On August 1, 2014, the Federal Trade Commission (FTC) released a report entitled What’s the Deal? An FTC Study on Mobile Shopping Apps (the FTC Report). The FTC Report is based on a study the FTC conducted (the FTC Study) to...more

New COPPA Safe Harbor Added By iKeepSafe

Last week, the FTC announced approval of a new Safe Harbor Program under the Children’s Online Privacy Protection Act (COPPA), called iKeepSafe. The program was created by the Internet Keep Safe Coalition, a nonprofit...more

Data Mining & Privacy: Who’s Watching Them Watch You?

Recently, the Federal Trade Commission issued a detailed report that summarized extensive data collection efforts that it uncovered in its study of the data brokerage industry. The FTC recommended that Congress require the...more

Advertising News & Analysis - August 2014

In this issue: - Venable Announces 2014 Intellectual Property Symposium - Eric Berman's Arrival at Venable Adds Depth to Advertising, Antitrust Practices - FTC Approves iKeepSafe COPPA Safe Harbor...more

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy...more

FTC Employs SAFE WEB Act to Assist Canada’s Competition Bureau

On July 30, 2014, the U.S. District Court for the District of Maryland denied Aegis Mobile LLC’s motion to quash a Federal Trade Commission (FTC) subpoena seeking information related to an investigation by the Competition...more

Advertising Law - August 2014

FTC Sues “Yellow Pages” Scammers - In three new complaints filed in Florida and Washington federal courts, the Federal Trade Commission requested a halt to the operations of Canada-based telemarketers that scammed...more

FTC Combats ‘Cramming’ in Mobile Apps and Services

In a recently released staff report, the Federal Trade Commission makes several recommendations designed to reduce “mobile cramming.” Cramming occurs when consumers access or enroll in third-party services through a mobile...more

Advertising News & Analysis - July 2014 #4

In this issue: - Venable Announces 2014 Intellectual Property Symposium - FTC Solicits Comment on TSR - Melissa Steinman Discusses Legal Ramifications of Crowdfunding with LexBlog - FTC Stays the...more

Advertising Law - July 2014 #4

COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more

UK telecoms regulator issues call for input on Internet of Things

Ofcom has published a call for input, entitled "Promoting investment and innovation in the Internet of Things", regarding issues that might affect the development of the emerging Internet of Things (IoT) sector in the United...more

The FTC Is Looking For A Few Good Robocall Hackers

The FCC is not the only federal agency tasked with regulating telephone calls. The FTC also regulates telephone calls pursuant to the Telemarketing Sales Rule (“TSR”) (16 C.F.R. § 310 et seq.). And while the scope of the TCPA...more

FTC Releases Staff Report on Mobile Phone Bill Cramming

On July 28, 2014, the Federal Trade Commission (“FTC”) released a report, entitled “Mobile Cramming: An FTC Staff Report” (“Report”). The Report focuses on, and makes recommendations regarding, the mobile payment option...more

“Operation Mis-Modification” Targets Foreclosure Relief Companies

The CFPB continues to ramp up its enforcement actions and its collaboration with state AG offices as part of the new “Operation Mis-Modification.” The CFPB, the FTC and fifteen states announced a series of lawsuits...more

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