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Advertising won’t fix this

Over the years, I worked with many organizations starting back with student political organizations and the school paper at Stony Brook. This includes actual businesses, civic and religious organizations. Many of these...more

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Recent FTC Settlements Spotlight Hidden Ways to Hook Unwary Consumer

Brands of all kinds are increasingly using “influencers” or “brand ambassadors” to promote their brand’s products in blog posts and on social media platforms. But no matter whether they are style influencers with a fierce...more

Common Advertising Mistakes

A substantial number of companies continue to find themselves repeatedly breaching the same CAP Code rules. The list below highlights: (a) common repeated offences that CAP continue to adjudicate; and (b) common problems with...more

Show Me the Money: Are Social Media Celebrities and Other Online Content Creators Really Raking in the Cash?

Social media has allowed aspiring authors, musicians, filmmakers and other artists to publish their works and develop a fan base without having to wait to be discovered by a publishing house, record label or talent agency....more

Social Media Competitions in the UK: Play Fair

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

New C&DIs on Regulation Crowdfunding

On Friday the SEC released a new set of Compliance and Disclosure Interpretations on Regulation Crowdfunding ahead of the effective date of Regulation Crowdfunding on May 16. The C&DIs address issuer communications with the...more

Google To Ban Payday Loan Advertisements

Google announced on May 11 that effective on July 13, 2016 it will ban all payday loan advertisements from its site. Google was responding to concerns raised by consumer advocates who argued that the lending practice...more

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more

German Federal Supreme Court prohibits unsolicited advertising in signatures of automated B2C email replies confirming receipt of...

In a judgment dated 15 December 2015, case no VI ZR 134/15, (“Judgment”) the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) confirmed that an electronic mailbox held by a consumer shall be covered by the...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more

Changes in the legislation on advertising: turn for the better

On 22 April 2016 the Law “On Amending Some Legislative Acts of the Republic of Kazakhstan on Issues of Reducing the Number of Authorization Documents and Simplification of the Authorization Procedures,” dated 29 March 2016...more

Media, Sport and Entertainment Intelligence - May 2016

Welcome to the latest issue of Media, Sport and Entertainment Intelligence, offering you a selection of the latest and most impactful sector news worldwide. ...more

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for...more

DAA Issues Inaugural Enforcement Action for Compliance with Mobile App Guidelines

In a prior post we noted the Digital Advertising Alliance’s (DAA) intention, late last year, to begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (Mobile App Guidelines), which apply...more

Going Native - What You Need to Know about the FTC's Recent Guidance on Native Advertising

Digital advertisers innovate new techniques to reach customers at a speed that, for the most part, outstrips the ability of the US government to regulate. Every now and then, however, the Government lurches forward to provide...more

Web Trackers: What others may know about your online footprint

Web Trackers have been a hot topic in recent news, yet most of us are oblivious not only the extent they are used, but also to the potential for misuse of our personal information currently being aggregated in countless...more

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

Privacy Tip # 33 – Shopper tracking billboards

I have commented before on the use of location based services on mobile telephones and that apps (and your telecommunications provider) use and sell your location data for all sorts of purposes without your knowledge. The...more

Innovative Social Media Marketing Cannot Overlook Old-Fashioned Compliance

Social media is all about innovation, so it is no surprise that social media marketers are always looking for innovative ways—such as courting social media “influencers” and using native advertising—to promote products and...more

Court Grants Motion Of Non-Signatory To Compel Arbitration Of Privacy Violation Claims Of Putative Class Of Verizon Customers

The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more

Hulu Prepares to Launch New Cable TV-Like Service

The streaming service Hulu has floated plans to launch a new, as-yet-unnamed service under its media umbrella that could be the next step in combining broadcast and cable television content into a single bundle consumed over...more

New Legislation Clarifies Property Taxation of Outdoor Billboards

The South Carolina General Assembly has clarified how outdoor advertising signs (i.e. billboards) are taxed in the state for property tax purposes. The new law amends South Carolina Code Section 12-43-230, and applies to...more

Spotlight on Alabama: Sales Tax Held Not to Apply to Tangible Personal Property

The issue of whether photographers, and specifically commercial photographers, must collect and remit Alabama sales tax on charges for their services and the tangible property associated with those services, has been a topic...more

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