Communications & Media Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Online Reviewers Get New Protections

Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and...more

FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement. The lawsuit claims that the marketers of the...more

Telemarketer Penalized for Deceptive Tech Support Marketing

The Federal Trade Commission recently settled with Florida-based company Inbound Call Experts on December 22 for deceiving thousands of consumers with its telemarketing scheme. Under the final order, the company must pay...more

Tribal Sovereign Immunity Not a Bar to Payday Lending Enforcement Action, California Supreme Court Rules

In a state enforcement action alleging violations of California's lending law and seeking to enjoin continued lending to state residents, the California Supreme Court has ruled that the two tribally affiliated entities that...more

FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “All Natural” Sunscreen Products

In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most...more

FTC Settles Claim of False Representations by Digital Advertising Company

The Federal Trade Commission (“FTC”) has entered into a Consent Order to resolve a complaint brought against a digital advertising company, Turn Inc. Turn provided advertisers with the ability to engage in targeted...more

Privacy Tip #67 – Don’t Fall for Telemarketing Schemes Offering to Fix Your Computer

I received a call last week on my home land line and when I picked it up (hardly anyone I want to actually talk to calls my home telephone number) the caller on the other end informed me that he was from “Microsoft 10,” that...more

Advertising Law - December 2016 #4

FTC Rules Against "All Natural" Sunscreen Maker - In a final order, the Federal Trade Commission granted summary decision against California Naturel, Inc. for falsely advertising its sunscreen products as "all natural"...more

Turn Settles Allegations by the FTC for Deceptive Advertising Tactics

Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived...more

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in...more

DeVry University Settles with FTC for a Whopping $100 Million

The Federal Trade Commission announced this week that it has settled with DeVry (DeVry) for $100 million over allegations that it misled prospective students with ads that promised higher employment success and income upon...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

Bank Must Pay Federal Reserve Almost $1M

A Pennsylvania bank reached a deal with the Board of Governors of the Federal Reserve System over Board-alleged violations of Section 5 of the Federal Trade Commission Act, agreeing to pay an almost $1 million civil penalty....more

New Laws Criminalize Online Ticket Bots and Protect Consumers’ Right to Review

Earlier this month, President Obama approved two pieces of consumer protection legislation aimed at curbing the use of automatic programs to purchase tickets through online sellers and limiting the ability of companies to use...more

Retailers Face False Advertising Cases on Discounts From Original Prices, Rewards Points

Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more

Coming to a Retailer Near You: Made in USA Labeling Requirements

Patriotism is a hot topic in the United States. One study shows 51% of American consumers will pay higher prices to buy American made products. Not surprisingly, manufacturers actively promote products with the red, white and...more

FTC Enters Into Landmark Settlement With Network Marketing Company; Vemma Lives To Play Another Day

The sixteen month long lawsuit between the Federal Trade Commission and Vemma Nutrition Company has come to a negotiated resolution under terms which will allow Vemma to continue operating its business under restrictions...more

Protecting the Right to Complain: The Consumer Review Fairness Act of 2016

On December 14, 2016, President Obama signed into effect the “Consumer Review Fairness Act of 2016” (the “Act”), making it more difficult for businesses to bring lawsuits over negative reviews. The Act, which passed with...more

Legal Considerations for Website Privacy Policies

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for...more

December 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s proposed rule on the use of cell phones to make voice calls on commercial flights, the results of DOT’s negotiated rulemaking on accessible...more

FTC Issues National Do Not Call Data Book for Companies

The Federal Trade Commission (FTC) issued the National Do Not Call Registry (the Registry) Data Book (Data Book) for Fiscal Year 2016 last week. The Registry is used by consumers to choose not to receive telemarketing calls....more

NAD Decision on Savings Claims Holds Valuable Lessons

The NAD recently issued a decision involving savings claims that holds some valuable lessons for advertisers. Lowes ran TV ads advertising that consumers could get “20% off appliances $396 or more.” Not all appliances in that...more

Advertising Law - December 2016 #2

SPECIAL FOCUS: The FTC Watches Smart TV - In older, simpler times, families would gather together and watch the TV. A key takeaway from last week's Federal Trade Commission Fall Technology seminar is that now TV will...more

When Can False Advertising Lead to Sherman Act Liability? The Fifth Circuit Weighs In

In a December 2, 2016 decision, Retractable Technologies, Inc. v. Becton Dickinson & Company, the Fifth Circuit opined on when false advertising can lead to liability under the Sherman Act. The Fifth Circuit’s answer: Very...more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

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