News & Analysis as of

Unfair or Deceptive Trade Practices Marketing

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more

Blog: Avoiding Common Legal Issues at Coding Schools: Marketing

by Cooley LLP on

This is the first of a series of posts on common legal and regulatory pitfalls that alternative education providers must proactively avoid. Today’s topic is avoiding sloppy or overly aggressive marketing....more

Environmental False Advertising: An Earth Day Green Guide Review

Earth Day is coming up on April 22, which means that a lot of consumers are going to be reminded to think green, and to buy green. What if your company is looking to access this vast market of environmentally-minded shoppers,...more

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

NY AG Announces Settlements with Three Mobile-Health App Developers Over Privacy, Marketing Concerns

On March 23, 2017, New York State Attorney General Eric T. Schneiderman announced settlements with three mobile health application (app) development companies aimed at curbing deceptive marketing practices and inadequate...more

The Competition Bureau applies strict standards to retail price claims in Canada

by Smart & Biggar on

Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

by Knobbe Martens on

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

by BakerHostetler on

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in...more

The FTC's Crackdown on Social Media #Ads

by Nossaman LLP on

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

by Klein Moynihan Turco LLP on

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously...more

Advertising Law - October 2016 #4

New in False Advertising Suits: "Natural" Claims, Healthy Beverages - Demonstrating that the focus on health-related claims has not abated, two new class actions were filed challenging the "natural" labels for deli meat...more

FTC to Take Additional Steps to Rein in Influencer Marketing?

by Klein Moynihan Turco LLP on

Last week, two advocacy groups filed a complaint with the Federal Trade Commission (“FTC”) taking direct aim at the burgeoning influencer marketing industry. The complaint implores the agency to take enforcement action...more

FTC Clamps Down on Nationwide Deceptive Marketing Campaign

by Klein Moynihan Turco LLP on

The Federal Trade Commission (“FTC”) recently filed suit against several related companies in connection with a nationwide campaign of deceptive marketing and billing practices....more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

FTC Targets Tech Support Companies for Deceptive Pop-Up Marketing

by Klein Moynihan Turco LLP on

On October 12, 2016, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the...more

Affiliate Marketing Network Held Liable for its Publishers’ Deceptive Content

by Klein Moynihan Turco LLP on

The U.S. Court of Appeals for the Second Circuit recently affirmed a ruling of a lower court that held an affiliate marketing network liable for its role in promoting a deceptively-marketed product. Despite the fact that the...more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish...more

Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals...more

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

CFPB Orders National Bank to Pay $10 Million for Overdraft Practices

by Goodwin on

On July 14, 2016, the CFPB announced that it ordered a bank to pay $10 million in fines for its overdraft service practices. According to the CFPB, the bank’s telemarketing vendor used allegedly deceptive marketing and sales...more

State Safe Harbor Doctrines: A Life Preserver from False Advertising Claims Facing Alcohol Manufacturers?

by Pepper Hamilton LLP on

Food and beverage companies, beset by lawsuits about their product labels, struggle to find consistent application of consumer protection laws across the country. The experience of one distiller and its use of one word on its...more

Ruling Could Put Deceptive Labeling Cases on Hold

by McDermott Will & Emery on

The U.S. Court of Appeals for the Ninth Circuit today placed on hold a consumer class action involving yogurt labels until the FDA issues final guidance on use of the terms at issue in the dispute—a decision that could ripple...more

Integrating UDAAP Concerns into Compliance Management Systems

by Davis Wright Tremaine LLP on

DWT’s Payments Team participated in the ABA Consumer Financial Services Committee’s Winter Meeting in Park City, Utah last week. Andrew Owens delivered a presentation on advertising and issuing credit online during the...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

by Cooley LLP on

On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

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