Advertising Law Newsletter - February 07, 2011


In this issue: Behavioral Advertising Suit Results in Split Decision; GAO Report Calls for Greater FDA Power; Power Balance Faces False Advertising Suit Over Accessories; Need a BOOST? FTC Settles with Nestle Over Probiotic Kids’ Drink; and Those Bette Davis . . . Dresses?.

Excerpt from Behavioral Advertising Suit Results in Split Decision:

A Montana federal court dismissed claims under the Electronic Communications Privacy Act (ECPA) in a suit alleging that an Internet Service Provider (ISP) funneled its customers’ Internet traffic to a third party that then used the information for behavioral advertising, but the court ruled that claims under the Computer Fraud and Abuse Act (CFAA) could go forward.

A class of plaintiffs claimed that Bresnan Communications diverted their Internet communications to NebuAd, a third-party Internet advertising company, in order to target them with preference-sensitive ads.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Antitrust & Trade Regulation Updates, Communications & Media Updates, Privacy Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Manatt, Phelps & Phillips, LLP, is known for quality, for extraordinary commitment to clients, for... View Profile »

Follow Manatt, Phelps & Phillips, LLP:

Reporters on Deadline