Communications & Media Law, Consumer Protection, Administrative Law

FDA Will Finally Weigh In on “Gluten-Free” Labeling Requirements

by Natalie Naugle | Morrison & Foerster - Private Surgeon... on 3/6/2013

Over the past several years, consumers have no doubt seen an increase in “gluten-free” representations on food labels and restaurant menus. But what does “gluten-free” really mean and why is it important? After years of...more

Are You Prepared for the New TCPA Changes Effective January 14, 2013?

by Michael Mallow, Christine M. Reilly, James Taylor | Loeb & Loeb LLP on 1/11/2013

The Federal Communications Commission (FCC) has approved and published its amended Telephone Consumer Protection Act (TCPA) regulations on telemarketing calls, many of which go into effect in 2013. These updates to the TCPA...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

by Margot Patterson | Dentons on 1/9/2013

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

Is Your Company's Mobile App Violating CalOPPA?

by Thomas (Tom) C. Bell, Miriam Farhi, Nicholas (Nick) Price | Perkins Coie on 12/13/2012

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly...more

CFPB goes after another mortgage modification business

by Barbara S. Mishkin | Ballard Spahr LLP on 12/13/2012

The CFPB announced that on December 3, 2012, it filed a second action in the U.S. District Court for the Central District of California seeking to shut down an alleged mortgage modification scam....more

Anti-Spam Legislation: A Work in Progress

by Anne Côté | Field Law on 12/12/2012

At the end of 2010, Canada enacted strict anti-spam legislation (the “Act”) relating to the sending of electronic messages, as well as to other aspects of online commercial activity. Implementation of the Act has been delayed...more

New Rules Proposed to Protect Children’s Privacy Online

by Janet Raasch | Lawyers.com on 12/12/2012

At one time, parenting was a lot simpler. All parents had to worry about was their child’s behavior in school, on the playground or around the dinner table. Children lived in protected, limited universes and interactions were...more

Advertising Law -- Dec 07, 2012

by Manatt, Phelps & Phillips, LLP on 12/10/2012

In This Issue: Is This Lawsuit Bananas?; Judge Approves $22.5M Google Settlement; Stay in School: Cranberry Industry Fights to Keep Juice in Schools; and This Symbol Means Something. ...more

FCC Holds Confirmatory Text Messages Do Not Violate TCPA

by Burr & Forman on 12/4/2012

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending...more

CFPB and FTC Target Mortgage Advertising

by Jonathan L. Pompan | Venable LLP on 12/3/2012

The Consumer Financial Protection Bureau ("CFPB") and the Federal Trade Commission ("FTC") have targeted mortgage advertising and marketing in a joint "sweep." Just prior to the Thanksgiving holiday, the CFPB and FTC...more

FCC Issues Declaratory Ruling Allowing Text-Message Opt-Out Confirmations

by Davis Wright Tremaine LLP on 12/1/2012

Yesterday, the Federal Communications Commission issued a declaratory ruling clarifying that sending a follow-up text-message confirming a consumer’s opt-out from receiving future texts does not itself violate the Telephone...more

CFPB and FTC Warn Mortgage Companies about Potentially Misleading Advertisements

by BuckleySandler LLP on 11/28/2012

On November 19, the CFPB announced that it issued warning letters to about a dozen nonbank mortgage lenders and brokers regarding advertisements targeted towards older Americans and veterans that may violate the Mortgage Acts...more

Tougher Regulation Of “Energy Drinks”?

by Steve Kluting | Varnum LLP on 11/22/2012

In late October, Senators Dick Durbin and Richard Blumenthal sent a letter to the FDA urging for tougher regulation of energy drinks. The letter was prompted by news reports that the FDA has recently received five adverse...more

Canadian Marketing, Advertising & Regulatory Law Update

by Heenan Blaikie LLP on 11/16/2012

In This Issue: - 1 Advertising Law News - 21 Consumer Protection News - 22 Social Media News - 24 Focus on Food - 30 Cosmetics/Drugs/Product Safety/Regulatory - 32 Quebec News - 33 Privacy News - 37...more

Ninth Circuit Holds That Best Buy's "Dual Purpose" Calls Regarding Its Rewards Program Violates TCPA

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 11/12/2012

October was an active month in the Ninth Circuit for actions under the Telephone Consumer Protection Act (TCPA). In our client alert last week, we discussed the Ninth Circuit's October 12, 2012, decision in Meyer v. Portfolio...more

Consumer Financial Protection Bureau: Fall 2012 Quarterly Update

by Brownstein Hyatt Farber Schreck on 11/7/2012

The beat (cop) goes on. Since the Consumer Finance Protection Bureau's (CFPB) first enforcement action on July 18, 2012 ordering Capital One to pay $210 million for deceptive marketing tactics, the CFPB has dominated...more

California’s AG Puts Mobile Apps on Notice

by Mintz Levin - Privacy & Security on 11/6/2012

If a haunted house or trick-or-treating was your scariest experience last week, you must not be one of the 100 mobile application developers who received a notice of non-compliance from California Attorney General Kamala D....more

California AG Threatens Enforcement of Privacy Policy Disclosure Laws Against App Providers

by Ropes & Gray LLP on 11/6/2012

Opening up a potential new enforcement risk for all providers of apps, California Attorney General Kamala D. Harris announced on October 30 that she is sending notices to up to 100 providers of mobile apps claiming that their...more

App Developers Take Notice: Privacy Guidelines for Mobile Apps Released

by Osler, Hoskin & Harcourt LLP on 11/1/2012

On October 29, 2012 the Privacy Commissioners of Canada, Alberta and British Columbia published a detailed guidance document on privacy considerations for developing mobile apps. All mobile app developers and all...more

The Ninth Circuit Holds That The TCPA Prohibits Automated Calls Even When They Do Not Refer To Any Specific Good Or Service

by Sheppard Mullin Richter & Hampton LLP on 11/1/2012

In Chesbro v. Best Buy Stores, LP, No. 11-35784, 2012 WL 4902839 (9th Cir. Oct. 17, 2012), the Ninth Circuit reversed the Western District of Washington’s grant of summary judgment in favor of Best Buy Stores, LP ("Best Buy")...more

Why California AG’s Online Privacy Crackdown Makes a Big Difference

by Jeff Ifrah on 11/1/2012

Companies that run websites must comply with laws and rules requiring the maintenance of personal privacy. While federal requirements such as those applicable to financial privacy and children’s privacy gain significant...more

Prerecorded Courtesy Calls Providing Rewards Program Information Are Subject to TCPA Consent Requirement, Ninth Circuit Rules

by Ballard Spahr LLP on 10/25/2012

A merchant's prerecorded courtesy calls that provide reward program information to a customer enrolled in the program violate the Telephone Consumer Protection Act (TCPA) if the customer has not consented to the calls, the...more

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Communications & Media Law › Consumer Protection › Administrative Law