Communications & Media Consumer Protection Business Torts

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

FTC v. Jerk.com: Did the FTC’s “Jerk.com” Complaint Just Turn API Terms into Federal Law?

The Federal Trade Commission’s announcement earlier this week that it had filed a complaint against Jerk, LLC and its websites like “jerk.com” (“Jerk”) looks at first glance like a run-of-the-mill FTC Section 5 enforcement...more

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its...more

23andMe Named in Class Action Lawsuit

Things are getting worse for genetic diagnostics company 23andMe. On the heels of receiving a Warning Letter from the FDA over its Personal Genomic Services (PGS) test (see "FDA Threatens Agency Action Against 23andMe Over...more

Conflict Reigns in Food Court: Court Allows “Unlawful Prong” UCL Claims to Survive Without Allegations of Reliance in Cases...

Judges in the Northern District of California can’t agree on what is required to state a claim under the “unlawful prong” of California’s Unfair Competition Law (UCL). Judge Orrick’s recent decisions in a pair of food...more

Watchdog Attacks Coupon Settlement in False Advertising Action

The recent filing of an amicus brief by advertising watchdog Truth in Advertising Inc. (TINA) is a good reminder that, even where there are no objectors, class action settlements are subject to attack by third parties. The...more

7th Circuit Examines Boundaries of Class Action Fairness Act

This week's post takes a look at the Seventh Circuit's recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by...more

CFPB and OCC Issue Joint Enforcement Action Related to Credit Card Practices

The CFPB announced that it and the OCC have issued a consent order against two affiliated banks alleging violations of federal consumer protection laws for deceptive marketing of their add-on products (i.e., payment...more

New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean...more

CFPB Files Complaint Alleging Violation of Telemarketing Sales Rule

The CFPB filed a complaint in the United States District Court for the Central District of California against a debt-relief service company alleged to have violated the FTC’s Telemarketing Sales Rule and engaged in deceptive...more

From Insurer's Shield to Insured's Sword: California Supreme Court Authorizes Policyholder Unfair Competition Law Claims for...

On August 1, 2013, the California Supreme Court ruled in Zhang v. The Superior Court of San Bernardino County, No. S178542 (Cal. Aug. 1, 2013) that insurance practices violating the state’s Unfair Insurance Practices Act...more

Magistrate Judge Recommends Certification of Two Proposed Classes in “vitaminwater” Litigation

A federal magistrate judge in New York has recommended that New York and California classes be certified to pursue injunctive and declaratory relief against Coca-Cola and Energy Brands for allegedly deceptive labeling of its...more

Food Litigation Newsletter - July 22, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Grants Preliminary Approval of Settlement in ConAgra’s “All Natural” Potato Class Action ..“All Natural” Case Involving GMOs Stayed to...more

CFPB Files Enforcement Action Against Debt Services Company

The CFPB recently filed an enforcement complaint and stipulated judgment against a Florida-based debt services company, which represents the first of its kind alleging that the company is liable under Dodd Frank and the...more

CFPB Takes Its First Aim at Abusive Practices Under Dodd-Frank

Yesterday, the CFPB took the first step in enforcing the “abusive” standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices (“UDAAP”) by filing a federal action against a Florida...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Advertising News & Analysis - April 25, 2013

In this issue: - Venable Welcomes Randy Miller - FTC Survey Estimates Fraud Affected 25.6 Million Americans in 2011 - New Florida Law May Axe Charitable Promos, Cause Marketing Campaigns - What to...more

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

California’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

Recent class actions regarding California’s Shine the Light Act illuminate the need for California businesses to pay attention to their privacy policy compliance practices. Violations of the Act can incur civil penalties of...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

FTC Targets “Up To” Claims

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable. Of course, what seems...more

Advertising Important For Small Business, But Should Be Done Right

Marketing is crucial to the success of a business, especially a business trying to gain a foothold in a tough or competitive environment, and businesses that need to reassert or redefine their identity in the...more

Capital One Required to Pay $140 Million in Consumer Refunds

Today, the Consumer Financial Protection Bureau (“CFPB”) engaged in its first major enforcement action by requiring Capital One to refund 2 million consumers approximately $140 million for profits gained from deceptive...more

42 Results
|
View per page
Page: of 2

Follow Communications & Media Updates on: