Communications & Media Consumer Protection

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

The Pleading Bar In False Advertising Cases Has Been Raised

The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as...more

FCC Approves New Pro-Consumer TCPA Rules That Will Likely Create Increased Compliance and Litigation Headaches for Businesses

The Federal Communications Commission (FCC) recently adopted a proposal aimed at clarifying certain provisions of the Telephone Consumer Protection Act (TCPA). The proposal addresses twenty-one (21) petitions related to the...more

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

The Right to Give One-Star Reviews

Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more

FCC Ruling Potentially Expands Scope of TCPA

On June 18, 2015, the Federal Communications Commission (“FCC” or the “Commission”) issued a package of declaratory rulings (“FCC 15-72”) related to telemarketing. Although FCC 15-72 has yet to be officially released, the...more

Truth in Advertising - An Overview of Recent Contraventions of the Misleading and Deceptive Conduct Provisions of the Australian...

The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority....more

Pumped Up Protein Powder Preemption

While some of us are naturally jacked up—have you seen Bexis in short sleeves?—others turn to supplements to build up their beach bodies. We are not talking about the injectables favored by 1970s East German Olympians or...more

FTC Shuts Down a Risky Risk-Free Offer

This morning, the FTC announced that it had stopped a group of 15 companies and 7 individuals from using deceptive “risk-free trial” offers to sell skincare products online. At the Commission’s request, a federal court issued...more

Typosquatting for Phone Numbers is not Infringement

Many Internet users today are familiar with the scam of “typosquatting” – which is when a company registers a domain name that is similar to a well-known domain name, and waits for people to inevitably make typos and get sent...more

FCC Adopts Chairman Wheeler’s Proposal to Strengthen Consumer Protection Under the TCPA

On June 18, the FCC held an Open Commission Meeting, during which the Commission adopted Chairman Wheeler’s proposal to strengthen consumer protection under the TCPA. The set of declaratory rulings included in the proposal...more

A Message From the Eighth Circuit Regarding the TCPA

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more

Internet Of Things, News Websites Fare Poorly In Security And Privacy Review

On June 16, the Online Trust Alliance, an industry group focused on developing and encouraging best practices in online security and privacy, announced that a recent audit of approximately 1,000 websites showed that 46%...more

Recognizable Faces Disappear from Facial Recognition Meetings

Facing “industry stakeholders [that] were unable to agree on any concrete cenario” in which affirmative consent should be obtained from individuals before employing facial recognition technologies, nine consumer advocacy...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

Health Canada Pushes Forward with Nutrition Labelling Changes

On June 13, 2015, the Government of Canada published proposed amendments to the Food and Drug Regulations (FDR) that, if adopted, would significantly change key elements of the nutrition labelling of food products. The most...more

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Repeated Fax Blasts Cost Company $22 Million Judgment

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227(b)(1)(C), prohibits the fax transmission of unsolicited advertisements without the prior express permission of the recipient, absent an established...more

FTC Issues Updated Guidance on Endorsements Compliance

Companies should revisit their policies for influencer programs for compliance with the updated guidance. Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009....more

The Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming - Blog: Consumer Financial...

Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does...more

Public Statements Made by Pharmaceutical and Biotech Company Executives May Raise FDA’s Hackles if They Do Not Meet Basic...

For players in the highly regulated pharmaceutical and health care industries, it is common knowledge that manufacturers and distributors of FDA-regulated products are required to promote their products in compliance with the...more

FCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules

Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text...more

CFPB alerts Google to student debt relief scammers

Rohit Chopra, the CFPB’s outgoing Student Loan Ombudsman, has sent a letter to Google to alert the company that “student loan debt relief scammers may be targeting student loan borrowers through the company’s search...more

PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

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