Consumer Protection, Communications & Media Law

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

Vermont Now Allows Entry Fees for Skill-Based Contests

by Loeb & Loeb LLP on 5/17/2013

As of April 26, 2013, sponsors of skill-based contests in Vermont can require an entry fee or other consideration for entry....more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

Energy Drink Regulatory Update: Monster Sues City of San Francisco in Federal Court, City Fires Back in California State Court

by Fuerst Ittleman David & Joseph, PL on 5/16/2013

The FDA announced that it is conducting an investigation into the use of caffeine in foods and beverages. Since the FDA’s announcement, the energy drink industry has continued to receive significant media attention. On May 6,...more

FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related...

by J. Michael Keyes, Suzan Onel | K&L Gates LLP on 5/15/2013

I. Introduction - If you represent food and beverage manufacturers who advertise their products, you will want to be familiar with In the Matter of POM Wonderful LLC, a recent decision by the Federal Trade Commission...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Federal Legislation Introduced Regarding Mobile Application Privacy

by Allison Dodd, Daren M. Orzechowski | White & Case LLP on 5/15/2013

On May 9, 2013, Georgia Congressman Hank Johnson introduced the Application Privacy, Protection and Security Act of 2013 (the "Apps Act"), a bill "[t]o provide for greater transparency in and user control over the treatment...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

by Joshua Threadcraft | Burr & Forman on 5/14/2013

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

OCC, FDIC Announce Overdraft Enforcement Actions

by BuckleySandler LLP on 5/13/2013

On April 30, the OCC and the FDIC announced parallel enforcement actions against a national bank and an affiliated state bank to resolve allegations that the institutions violated Section 5 of the FTC Act in their marketing...more

Florida Judge Rejects Long Standing, Accepted Definition of Express Consent Under Telephone Consumer Protection Act

by Michael Lueder | Foley & Lardner LLP on 5/13/2013

On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room...more

Spam Smart Tip: Who’s Your Family?

by Tim Banks | Dentons on 5/13/2013

Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of “family relationship” in the draft Industry Canada regulations regarding Canada’s Anti-Spam Legislation (CASL) is a case...more

Manually Dialed Telephone Calls May Violate TCPA

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 5/10/2013

The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin...more

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

by Wilson Sonsini Goodrich & Rosati on 5/10/2013

The Federal Trade Commission (FTC) unanimously voted this week to keep July 1, 2013, as the effective date for the amended Children's Online Privacy Protection Rule (COPPA Rule).1 The COPPA Rule applies to operators of...more

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

by Fuerst Ittleman David & Joseph, PL on 5/9/2013

After issuing a public warning regarding the dangers of tanning nearly three years ago, this week the U.S. Food and Drug Administration (“FDA”) issued a proposed order to reclassify sunlamp devices and require labeling...more

Telecommunications Regulatory Update – April 2013: Baker & McKenzie

by Patrick Fair, James Halliday, Anne Petterd, Penny Ward | Baker & McKenzie Australia on 5/8/2013

ACMA warns about getting CISs right - The ACMA has formally warned Activ8me and Sure Telecom about failing to make available critical information summaries (CISs) in breach of the Telecommunications Consumer...more

FTC Votes to Keep July 1 Compliance Deadline for COPPA; California Bill Would Require Removing Children's Personal Information...

by Loeb & Loeb LLP on 5/8/2013

The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule. Representatives from several industry groups had asked the FTC to delay the compliance date to give...more

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Consumer Protection › Communications & Media Law