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Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

TCPA Connect - March 2015

California TCPA Suit Moves Forward - A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s...more

One Less Carrot for Business:  Council of European Union Limits the “One-Stop Shop” Mechanism in the Draft Data Protection...

The draft Data Protection Regulation doesn’t offer many carrots to business – and a recent announcement by the Council of the European Union takes away one of the biggest carrots, the “One-Stop Shop” mechanism....more

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

EUROPE: New Provisions on Customer Protection in the Proposed EC Regulation

The Legislative Resolution of the European Parliament dated April 3rd, 2014 relating to the telecom sector, following the European Commission’s proposed “Connected Continent Legislative Package” dated 2013, includes a wide...more

February 2015: Entertainment Litigation Update

United States v. Dish Network LLC: The Increasing Risks of Liability for Authorized Dealers. An Illinois district court issued an important ruling under the Telephone Consumer Protection Act and other telecommunications laws...more

Incentivized Reviews Without Disclosure Get Panned by FTC

In the latest iteration of the Federal Trade Commission’s (FTC) approach to testimonials and endorsements in the context of online advertising, the Commission alleged that AmeriFreight, a company that arranges the shipment of...more

$1.1 Million Penalty Issued Under Canada’s New Anti-Spam Law

The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that it has issued a Notice of Violation to Quebec-based business Compu-Finder for four alleged violations of Canada’s anti-spam...more

Food Court Grants Summary Judgment In Class Action Targeting “No Sugar Added” Label

As readers of this blog are well aware, manufacturers and retailers have faced a tidal wave of consumer class actions alleging false advertising in recent years. ...more

New Measures Clarify Consumer Protection Rights in China, Stipulate Penalties for Misconduct

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March...more

No Longer at Lager-Heads: Anheuser-Busch Settles Claim over Kirin Beer’s Origin

Early this year, Anheuser-Busch settled a class suit filed against it by two Miami residents who alleged that the company was deceptively advertising Kirin beer as imported from Japan, when in fact it is brewed in the United...more

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

CFPB Takes Action Against Mortgage Companies for Deceptive Advertising

On February 12, the CFPB announced a civil suit against a Maryland-based mortgage company and consent orders with two additional mortgage companies headquartered in Utah and California for allegedly misleading consumers with...more

Advertisements Invite Calls: FCC Seeks Comments on Request to Find Automated Calls Consensual When Recipient Advertised Number

The Federal Communications Commission (FCC) seeks comment on a petition asking that the FCC clarify the scope of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Specifically, Citizens Bank asks the...more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

First Steps if You Receive a CASL Enforcement Notice

There have been a disappointing lack of publicly-reported enforcement actions under Canada’s Anti-Spam Legislation (CASL) since it came into force in July 2014 – in fact, to date there has only been one. Given the ambiguity...more

A Guide to the Internet of Things

With the Internet of Things (“IoT”) comes yet another technology-driven advancement that challenges businesses with promising opportunities and potentially vexing responsibilities. In particular, manufacturers and retailers...more

"California Consumer Class Actions: What CashCall Means for Businesses in Privacy Cases"

The California Invasion of Privacy Act (CIPA) imposes criminal penalties on anyone who intentionally "eavesdrops upon or records [a] confidential communication" in California without the consent of all parties to the...more

Redial: 2014 TCPA Year In Review – Analysis Of Critical Issues And Trends

In this Analysis: - New TCPA Rules Take Effect for Telemarketing Calls - Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices - TCPA Best Practices: Consent,...more

D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various...more

Federal Advertising Guidelines for Businesses

The Federal Trade Commission Act prohibits advertising that is untruthful, deceptive, or unfair, and it requires advertisers to have evidence to back up their claims. There are also other federal laws applicable to...more

Congress Begins Discussing Cybersecurity – For Real This Time

Legislators from the House of Representatives will begin work today on figuring out how to protect American companies from cybersecurity breaches.  The panel will host comments from the retail, tech, and marketing industry...more

TCPA Connect - January 2015

Dish Could Face Billions in TCPA Liability - Dish Network is liable under the Telephone Consumer Protection Act not only for telemarketing calls made by the company, but for those a call center and other third parties...more

Mobile Wi-Fi Bumps Up Against NIMBY

Hey, What Happened to My Internet Connection? - In February 2013, a guest who stayed at the Gaylord Opryland Hotel and Convention Center in Nashville filed a complaint with the Federal Communications Commission,...more

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