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Consumer Protection Communications & Media

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against...more

Eleventh Circuit Allows Partial Revocation of Consent under TCPA with Class and Contractual Consent Implications

by Balch & Bingham LLP on

Last week, in Schweitzer v. Comenity Bank, the Eleventh Circuit held that a consumer can partially revoke consent to be called under the Telephone Consumer Protection Act (TCPA). Schweitzer gave her cell phone number when...more

Third Circuit Steps Back from the Brink of a Circuit Split over “Ascertainability”

by Kelley Drye & Warren LLP on

Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable and administratively feasible means of determining...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

The FTC and Industry Propose Best Practices for IoT Security Updates

by Hogan Lovells on

How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Nevada Becomes Third State with Privacy Policy Law

Joining the ranks of California and Delaware, the state of Nevada adopted a new law mandating that, beginning Oct. 1, websites and other online services post a privacy policy....more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 4

Picking up from my last installment of this series exploring the regulatory history of off-label communication, this post highlights some recent trends in FDA enforcement and guidance related to off-label promotion. Not...more

Apple Takes Bite From Data Security False Ad Suit

Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more

Social Links: SCOTUS embraces technology; IoT companies proliferate; blockchain might make senior execs extinct

A federal district court in Wisconsin struck down the first law in the country requiring augmented-reality-game makers to go through a complicated permit-application process before their apps could be used in county parks....more

Privacy Perils: The Price of Consumer Loyalty

by Bass, Berry & Sims PLC on

People love a good discount, which is why almost 75% of adult Americans are signed up for at least one customer loyalty program. We love to rack up points with airlines for a seat upgrade, get a free Starbucks latte on our...more

FTC Blog Posts Offer Security Guidance

In an effort to provide insight into the Federal Trade Commission’s data security principles, the agency pledged to each week share a new blog post with lessons for businesses....more

Get Your Gripe On: The Consumer Review Fairness Act Is Live

Searching “millennials killed…” on the Internet returns over 1.5 million results in .65 seconds. Commentators have blamed the generation raised by tablets, smartphones, and apps for killing everything from marriage to brunch,...more

Impact of the FOIA Amendments on your Company

by Miles & Stockbridge P.C. on

For those of you who have received a Freedom of Information Act (“FOIA”) notice from the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) within the past year, you may – or worse, may not – have noticed new...more

Reading the Tea Leaves: Sales of Macadamia Nut Could Be Going Up!

On July 24, 2017, the Food and Drug Administration announced that it had responded to a November 2015 petition from Royal Hawaiian Macadamia Nut, Inc. for a new qualified health claim characterizing the relationship between...more

FTC Uses Consumer Complaints to Combat Alleged Robocalls

by Goodwin on

The Federal Trade Commission (FTC) is using consumer complaints in its effort to quell alleged illegal robocalls. On September 1, 2009, the FTC issued rules prohibiting robocalls made without a consumer’s prior written...more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

AD-ttorneys@law

by BakerHostetler on

Kirsten Kjaer Weis, a respected Danish makeup artist who is well known by her initials “KKW” and for her KW-branded “natural, organic, luxury” cosmetics and skin care line, filed a complaint in late July against the queen of...more

FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”

Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip...more

FDA and FTC Solicit Consumer Complaints About Dietary Supplement Marketing

by Pepper Hamilton LLP on

The Food and Drug Administration and the Federal Trade Commission have jointly requested that consumers report dietary supplements that “didn’t work as promised” or that are marketed with “unbelievable” claims. Consumers may...more

Update on FCC Privacy Rules

We previously reported on the FCC’s 2016 Privacy Order, “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” impacting Internet service providers’ data privacy practices and obligations and...more

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