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Communications & Media Antitrust & Trade Regulation Consumer Protection

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

Oregon Ramps up State Consumer Protections in an Era of Deregulation

Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into...more

Lost in the woods? Special treatment for the press, cooperative and savings bank associations and the timber industry in German...

by Hogan Lovells on

Current legislative changes in the German Competition Act and the Federal Forest Act bring a set of new antitrust exemptions. We briefly present them in our blog...more

FTC Submits Comments on IoT Security

by Morgan Lewis on

The Federal Trade Commission (FTC) submitted public comments to the US Department of Commerce’s National Telecommunications and Information Administration (NTIA) in connection with the NTIA’s draft guidance on improving the...more

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in...more

Prepaid Card Company to Pay $53M to Settle FTC Charges

A prepaid card company agreed to pay the Federal Trade Commission $53 million to settle charges that the company tricked consumers about access to their funds....more

Dish Network hit with record $280 million civil penalty and far-reaching injunctive relief for do not call violations

by Ballard Spahr LLP on

An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

#Sponsored – FTC Warns Social Media Influencers to Clearly Disclose Material Connections

Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more

Mobile Apps: Key Privacy, Security and Data Collection Considerations

by Patrick Law Group, LLC on

Over the past three years, mobile application usage in the U.S. has increased by 111%, and over 50% of digital media consumption in the U.S. is now through mobile apps. As consumer use of mobile apps continues to rise, the...more

Is Antitrust Law a Viable Substitute for Net Neutrality?

In April 2017, FCC Chairman Ajit Pai issued a Notice of Proposed Order, Restoring Internet Freedom, seeking to reverse the FCC’s previous adoption of “net neutrality” principles in its March 2015 Open Internet Order. Net...more

Italy Follows France and Germany in Investigating Big Data

by Shearman & Sterling LLP on

The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only...more

European Commission Issues Findings on Geo-Blocking and the Digital Single Market

On 10 May 2017, two years after launching its e-commerce sector inquiry on 6 May 2015, the European Commission published its final report (Final Report) on the inquiry. The inquiry was opened in the framework of the...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

Federal district court refuses to dismiss CFPB lawsuit against law firms and attorneys for unlawful debt relief practices

by Ballard Spahr LLP on

A California federal district court has refused to dismiss a lawsuit filed by the CFPB in January 2017 against several law firms and attorneys alleging that the defendants violated the FTC’s Telemarketing Sales Rule (TSR) and...more

Influencers, Hashtags and Disclosures: The FTC’s Response and Commercial Considerations

by Patrick Law Group, LLC on

The Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, recently issued 90 letters reminding these influencers and marketers about the FTC’s requirements...more

FTC Sends Warning to Brands and Social Media Influencers

by Perkins Coie on

The Federal Trade Commission (FTC) recently issued more than 90 letters to marketers and their social media influencers warning that influencers must clearly and conspicuously disclose material connections in social media...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class...

The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to...more

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class...more

European Commission goes online with final report in e-commerce sector inquiry

by Hogan Lovells on

The final report on the European Commission’s e-commerce sector inquiry was published last week and contains some important observations about how online channels of distribution are transforming consumer goods and digital...more

NIST Plans To Examine Internet of Things (IoT) For Its Cybersecurity Framework

by Dentons on

The National Institute of Standards and Technology (NIST) is holding a Cybersecurity Framework Workshop this week at its headquarters in Gaithersburg, Maryland. The purpose of the workshop is to discuss issues related to its...more

Senator To Propose ISP Consumer Privacy Bill

by King & Spalding on

On Friday, April 14, 2017, Senator Richard Blumenthal (D-Conn.) announced his plan to introduce a bill that would allow the Federal Trade Commission (“FTC”) to regulate consumer privacy protections regarding Internet service...more

FTC Launches Website to Help Small Businesses with Cyber Attacks

The Federal Trade Commission (FTC) announced on May 9, 2017, that it has launched a new website that “helps small businesses avoid scams and cyber-attacks.”...more

Mobile Marketing - The Legal Guardrails

by King & Spalding on

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... Please...more

Updates Regarding the FTC Guidelines for Promoting Products on Social Media

by Buchalter on

In July of 2015, I wrote about the New FTC Guidelines for Promoting Products on Social Media. I discussed the FTC’s rationale, concerns and stance on using social media to advertise and promote products. At the time, when the...more

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