Unfair or Deceptive Trade Practices Advertising

News & Analysis as of

Class Certification of California Price Advertisement Case Gives Cause for Concern

A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

Free* to Play Means Only If You Pay

As online gaming companies compete for business, they are offering customers increasingly large incentives to play on their websites, often in the form of deposit bonuses. These deposit bonuses allow players to play with the...more

Getting the Deal Through - Advertising and Marketing 2015: Canada

Legislation and Regulation - What are the principal statutes regulating advertising generally? The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more

CFPB Continues Focus on Mortgage Lender Advertising

Last week, the CFPB announced an enforcement action against RMK Financial Corporation d/b/a Majestic Home Loans (RMK) related to deceptive mortgage advertising practices....more

CFPB targets another mortgage lender for deceptive advertising

The CFPB has announced the settlement of an enforcement action against a California-based mortgage lender for alleged deceptive advertising practices, including the use of advertisements that the CFPB claimed falsely led...more

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Bad Day for NewDay: CFPB Section 8 Enforcement Continues

On February 10, 2015, the Consumer Financial Protection Bureau (“CFPB”) added another company to its litany of alleged Real Estate Settlement Procedures Act (“RESPA”) Section 8 offenders (Michigan Title, PHH Corporation, New...more

CFPB Issues $2 Million Fine Against Mortgage Lender

Last week, the Consumer Financial Protection Bureau (CFPB) announced that mortgage lender NewDay Financial LLC, which specializes in Veterans Administration-backed loans available to military personnel and veterans, had...more

Daily Fantasy Sports and the Start of Class Action Season

While billions of dollars of sports betting continues in the shadowy world of illegal off-shore sports books, the fantasy sports business has been on fire. And as fantasy sports becomes the new hot “thing” online, it has...more

Consumer Class Actions Brewing in Florida as Federal Courts Deny a Series of Motions to Dismiss

While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition for the title after a recent trio of...more

CFPB Files Suit Against Texas Company for Alleged Deceptive Practices Targeting Union Workers

On December 17, the CFPB announced it filed suit against a Texas-based company for allegedly deceiving consumers into paying fees to sign up for a “sham” credit card. According to the complaint filed in the Northern District...more

Plaintiffs Target Outlet and Factory Stores In Putative Class Actions

Plaintiffs recently filed several putative class actions in New York and California against prominent retailers including Michael Kors, Neiman Marcus, The Gap, Saks Fifth Avenue, Levi Strauss, Nordstrom and Ralph Lauren. They...more

Two-Party Market: Presumption of Confusion and Injury

Merck Eprova AG v. Gnosis S.p.A., et al. - Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s use of presumptions of...more

CFPB Warns Credit Card Issuers Regarding Offering Promotional APRs

On September 3, the CFPB published Bulletin 2014-02 warning credit card issuers of the risk of engaging in deceptive or abusive acts and practices in connection with solicitations offering a promotional annual percentage rate...more

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal...

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

FTC Ramps Up Enforcement Actions Under Revised Green Guides To Include Deceptive Biodegradable Plastics Claims

As United States consumers are progressively willing to pay more for environmentally friendly products, businesses catering to this market are making an ever-growing number of representations about the “green” qualities of...more

Social Media: Consumer Compliance Risk Management Guidance

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) released final guidance (“Guidance”) on the applicability of consumer protection and compliance laws, regulations, and policies to...more

Doing Business in Japan

I am pleased to present to you DLA Piper’s “Doing Business in Japan” Guide. Japan is the world’s third largest economy and remains cutting-edge in business. In 2012, 68 Global 500 Companies were headquartered in...more

FTC Dot Com Disclosure Update: What's New for 2013

In March, the Federal Trade Commission issued updated advertising guidelines to take into account the challenges created by the rapid growth of mobile and online advertising platforms, particularly small screen size and other...more

FTC Settlement Embodies First Agency Action Against Browser History Sniffing

The Federal Trade Commission (“FTC”) announced a proposed settlement of allegations that online advertising company Epic Marketplace, Inc. and its affiliate Epic Media Group (“Epic”) engaged in deceptive practices by failing...more

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