Communications & Media Consumer Protection

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Debate growing over preemption of state claims over organic produce labeling

Recently, the Eastern District of New York held that the Organic Foods Production Act of 1990 (7 U.S.C §§ 6501–6522) preempts various state claims that Abbott Laboratories, Inc. falsely labeled its Similac® Advance® Organic...more

CFPB announces enforcement actions against auto title lenders

The CFPB announced that it has filed administrative enforcement actions against five Arizona auto title lenders for alleged violations of Truth in Lending Act advertising requirements. According to the CFPB, the lenders...more

“Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation

The FTC released last week a paper summarizing and reflecting on its October 30, 2015 public workshop, “Follow the Lead,” which we previously discussed here and focused on lead generation practices and related privacy and...more

TCPA Connect - September 2016

SPECIAL FOCUS: Responses to Retail Webinar Attendee Questions - During our hugely successful “Avoiding TCPA Pitfalls: Essential Guidance for Retailers” webinar this summer, we received dozens of questions from attendees,...more

Beyond “Clear and Conspicuous”: FTC Workshop Highlights Issues Related to Testing of Consumer Disclosures

On advertisements, websites, and legal documents, disclosures are everywhere. But how do consumers notice, understand, and use disclosures in their decision-making? And how can businesses and advertisers effectively design...more

Cruise Line to Pay up to $76 Million to Settle TCPA Violations

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more

Empty spaces causing big problems: the rise of slack-fill litigation

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained too much ice and not enough coffee. The suit was the subject of...more

House of Representatives Passes Consumer Review Fairness Act and Better Online Ticket Sales Acts

The House of Representatives passed two bills last week relevant to the advertising industry: the Consumer Review Fairness Act and the Better On-line Ticket Sales Act (“BOTS Act”). The Consumer Review Fairness Act is...more

For-Profit University Unable to Defeat TCPA Class Action

Last week, a ruling that refused to strike class allegations was issued by a judge presiding over a putative class action in the Northern District Court of Illinois concerning alleged violations of the Telephone Consumer...more

FTC sets new standard for mobile app location tracking – indirectly

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

CashCall Case Brings More Uncertainty to the True Lender Debate

The case provides an outline of issues to consider and structures to avoid in designing bank collaboration models in the future. On August 31, in Consumer Financial Protection Bureau v. CashCall, Inc., the U.S....more

Dun & Bradstreet Settles TCPA Class Action Lawsuit for $10 Million

Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act...more

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are...

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles....more

TCPA FCC Petitions Tracker

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

Everything You Need to Know About Texting Your Listeners

Elaine Bonin of Franklin, Wisconsin received several sports scores via text courtesy of CBS Radio but did not recall signing up. Like any good citizen, recognizing that under the Telephone Consumer Protection Act she might...more

CFPB Wins Judgment Against Online Payday Lender in Lawsuit Alleging “Rent-a-Tribe” Scheme and Violations of State Usury Laws

On August 31, 2016, the Consumer Financial Protection Bureau (CFPB) obtained summary judgment against a California-based online payday lender, its individual owner, its subsidiary, and a servicer of its loans, which allegedly...more

Update: Fundamental Change to U.S. Warranty Law: Consumer Warranties Can Soon be Posted Online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty...more

FDA to Host Public Hearing on Manufacturer Communications Regarding Unapproved Uses of Medical Products

On November 9 and 10, 2016, the Food and Drug Administration (FDA) is hosting a public hearing on “Manufacturer Communications Regarding Unapproved Uses of Approved or Cleared Medical Products.” The hearing is intended to...more

Verizon Hit with TCPA Class Action Lawsuit

This week, a putative class action complaint was filed in the federal court for the Central District of California against Verizon Wireless Services, LLC (“Verizon”), alleging various violations of the Telephone Consumer...more

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

The Early Days of the EU-U.S. Privacy Shield: Should Your Organization Self-Certify?

On August 1, 2016, the U.S. Department of Commerce began accepting self-certification applications for the new EU-U.S. Privacy Shield Framework. In the month that has followed over 100 companies (including Microsoft, Oracle...more

CFSA FOIA request to CFPB yields positive comments from payday loan customers

The Consumer Financial Services Association of America (CFSA) issued a statement in which it reported that documents it received from the CFPB in response to a Freedom of Information (FOIA) request filed on December 31, 2015...more

Turning the Tide: Spokeo and the Requirement of Actual Harm for Article III Standing

The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), represents a critical turning point in class-action litigation. At issue in Spokeo was whether Congress may confer Article III...more

CFPB Month in Review for August 2016

In case you missed it, here is what the Consumer Financial Protection Bureau (CFPB) was up to over the last month: Enforcement Actions and Litigation - Enforcement Action Against First National Bank of Omaha...more

Second Circuit Blazes New Trail in Set-Top Box Cases: Cable Service and Boxes Are Not Separate Products

Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access “premium” cable services. ...more

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