FTC Holder Rule opinion may guide CFPB by Ballard Spahr LLP on 5/17/2012 On May 3, the Federal Trade Commission issued an advisory opinion interpretating its Holder Rule (officially titled the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses). The Holder Rule...more
Shape-Up Your Ad’s Claims: Skechers Agrees to pay $40 Million to Settle Shape-Ups Suit by Cullen and Dykman LLP on 5/17/2012 The Federal Trade Commission (“FTC”) announced that sneaker manufacturer Skechers has agreed to pay $40 million to purchasers of its Shape-Ups, Resistance Runner, Toners, and Tone-ups shoes. The settlement represents the...more
FTC Rejects Limits on Affirmative Recovery under Holder Rule by Ballard Spahr LLP on 5/15/2012 The Federal Trade Commission has declared that a consumer’s right to an affirmative recovery under the Holder Rule is not limited to circumstances where the consumer can legally rescind the transaction or had purchased...more
EPIC Calls on FTC to Develop Substantive Privacy Protections at Workshop on Mobile Advertising by Electronic Privacy Information Center on 5/14/2012 EPIC submitted comments to the Federal Trade Commission for the May 30 workshop on mobile advertising disclosures. EPIC recommended that the agency focus on the development of substantive privacy protections, such as the...more
FTC Affirms Holder in Due Course Rule by BuckleySandler LLP on 5/14/2012 On May 10, the FTC released an advisory opinion affirming that the Holder in Due Course Rule does not limit or preclude a consumer’s right to recovery other than to restrict awards to monies paid under a contract. The opinion...more
FTC Requires Alcoholic Beverage Advertisers to Provide Data and Information Related to Internet/Digital Marketing and Data... by Loeb & Loeb LLP on 5/9/2012 As part of its latest study on the effectiveness of industry self-regulation in preventing advertising and marketing of alcoholic beverages to underage audiences, on April 12, the Federal Trade Commission issued orders to...more
The FTC Final Report: Protecting Consumer Privacy in an Era of Rapid Change by Schnader Harrison Segal & Lewis LLP on 5/7/2012 Modern marketing professionals have access to an astounding amount of information on consumers’ tastes, preferences and habits. The marketing departments at credit card companies, in particular, can track a staggering amount...more
More Consumers Suing Over Debt Collection Harassment by Lawyers.com on 5/4/2012 Debtors and their attorneys in California have contributed over the last seven years to a fivefold increase in lawsuits alleging illegal debt collection practices, according to an analysis recently published by the Sacramento...more
@theForefront: The Celebrity Fashion Tweet by Sheppard Mullin Richter & Hampton LLP on 5/2/2012 Perhaps the most remarkable feature of the current hyper-digital age is the ever-shrinking gap between the celebrity and everyman. Nowhere is this phenomenon more apparent than in the realm of the celebrity tweet. Twitter,...more
Class Action-Style Redress for Competition Law Infringements: Should the UK ‘Opt-In’ for the ‘Opt-Out’ Proposal? by King & Spalding on 5/1/2012 On April 24, the UK Government proposed measures to encourage private civil challenges to anticompetitive behaviour to complement the UK’s existing public competition law regime. Comments by interested parties on the...more
Advertising Law -- April 27, 2012 by Manatt, Phelps & Phillips, LLP on 5/1/2012 In This Issue: Duracell Battery Class Action Lawsuit; Class Action Settlement Seeks To “Stop” GameStop’s Allegedly Deceptive Marketing Practices; Commercial Email with Falsified or Misrepresented Header Information...more
Federal Trade Commission Hosts Public Workshop on Mobile Payments by Davis Wright Tremaine LLP on 4/30/2012 On April 26, 2012, the Federal Trade Commission (“FTC”) held a public workshop entitled “Paper, Plastic . . . or Mobile? An FTC Workshop on Mobile Payments” to examine the use of mobile payments in the marketplace and their...more
UK government consults on Radical Proposals to Promote Antitrust Damages Actions by K&L Gates LLP on 4/27/2012 The UK's Department for Business, Innovation and Skills ("BIS") is seeking views on how to boost antitrust damages actions. As stated in the consultation document, "Research by the Office of Fair Trading (OFT) shows that...more
Key Considerations in Drafting Mobile Disclosures by BuckleySandler LLP on 4/20/2012 Recent developments at the FTC and CFPB provide some guidance on how regulators may approach disclosures on smartphones and other mobile devices. The recent CFPB Remittance Rule on international remittance transfers...more
New FTC Report Recommends Changes to United States Privacy Law by White & Case LLP on 4/19/2012 On March 26, 2012, the Federal Trade Commission ("FTC") issued its final report on consumer privacy in the United States, entitled Protecting Consumer Privacy in an Era of Rapid Change:Recommendations for Businesses and...more