Spam, spam, wonderful spam by Jessica John Bowman by McAfee & Taft on 5/18/2012 Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more
Anti-Spam Update – Proposed New Exemptions on the Way by Fraser Milner Casgrain LLP on 5/18/2012 Today the Canadian Bar Association held an update session for members on Canada’s Anti-Spam Legislation (“CASL”). An oral presentation was provided by Andy Kaplan-Myrth, a Policy Advisor in the Digital Policy Branch at...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
Seventh Circuit Holds TCPA Requires Consent from Current Cell Phone Subscriber for Autodialed Calls by Ballard Spahr LLP on 5/16/2012 A debt collector’s autodialed calls to a reassigned cellular telephone number violate the Telephone Consumer Protection Act (TCPA) unless the current subscriber to that number has consented to the calls, the Seventh Circuit...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
In Nutella Advertising Case, Whom Is the System Protecting? by Ifrah Law - Strategic Defense in Federal... on 5/14/2012 The world is full of surprises, like the fact that Nutella chocolate spread is loaded with saturated fat and sugar and is not itself healthy. Ferrero USA, Inc., the company that makes Nutella, learned the hard way that...more
Debt Collector’s Voice Message Not a ‘Communication’ under FDCPA, Federal Judge Rules by Ballard Spahr LLP on 5/14/2012 A recent decision by a federal judge in Minnesota may offer a solution to the Hobson’s choice currently facing debt collectors whenever a call to a debtor is picked up by an answering machine or voicemail. In Zortman v....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
Abbott Labs to Pay $1.6 Billion to Settle Consumer Protection and Misbranding Claims by Mintz Levin - Health Law on 5/8/2012 Abbott Laboratories (Abbott), an Illinois company, will pay over $1.6 billion in penalties to the federal government and several states related to its alleged illegal promotion of the prescription drug Depakote for off-label...more
Add Nova Scotia to the List to Regulate Cell Phone Contracts by Fraser Milner Casgrain LLP on 5/8/2012 Nova Scotia’s proposed Bill 65, which involves amendments to consumer protection legislation to “Ensure Fairness in Cellular Telephone Contracts” passed second reading on May 2, 2012 and is now in committee....more
Manitoba Proclaims Cell Phone Contract Law by Fraser Milner Casgrain LLP on 5/8/2012 Manitoba has proclaimed into force the Consumer Protection Amendment Act (Cell Phone Contracts). The Act applies to contracts for cell phone services with consumers in Manitoba. Cell phone services include wireless...more
CASL: 3 Next Steps in 2012 by Fraser Milner Casgrain LLP on 5/7/2012 As many of us now know, Canada’s Anti-Spam Law is now expected to enter into force in 2013. Don’t expect things to sit idle until then, however. 3 Next Steps for CASL in 2012 Following are three next steps for 2012,...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
@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
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