“Fraudsters often seek to use national crises and periods of uncertainty to lure investors into scams. They may play off investors’ hopes and fears, as well as their charity and kindness, and may try to exploit confusion or...more
9/2/2020
/ Advertising ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
New Rules ,
Proposed Amendments ,
Publicly-Traded Companies ,
Regulation A ,
Regulation CF ,
Securities and Exchange Commission (SEC)
A series of cases concerning alleged misrepresentations of vanilla content in products have been filed against retailers and food brands. Notable challenges have largely focused on allegations of misleading representations...more
G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more
8/7/2020
/ Art ,
Artistic Works ,
Artists ,
Commercial Property Owners ,
Copyright ,
Due Process ,
Fifth Amendment ,
Graffiti ,
Paintings Sculptures and Engravings ,
Petition for Writ of Certiorari ,
Property Owners ,
Statutory Damages ,
Visual Artists Rights Act (VARA)
On July 28, 2020, the Federal Communications Commission (FCC) issued a public notice clarifying its prior guidance regarding the types of COVID-19-related communications that fall within the “emergency purposes” exception to...more
On Thursday, July 9, 2020, the Supreme Court granted the petition for certiorari in Facebook, Inc v. Duguid, regarding the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act...more
7/13/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more
California Assembly Bill 3007, introduced into the California legislature on February 21, 2020, and amended as of May 6, 2020, seeks to amend California Public Utilities Code §§ 2871, 2872, 2873 and 2875.5, relating to...more
On May 11, 2020, the Federal Trade Commission (FTC) announced a proposed settlement with the operator of a deceptive crowdfunding scheme—Douglas Monahan, who operated iBackPack of Texas—for raising money to develop a...more
On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more
On April 21, 2020, the FTC reached a proposed settlement with Fashion Nova, an American fast fashion retail company, for failing to ship merchandise in a timely manner without notifying customers and giving them an...more
In a major victory for street artists, the Second Circuit on Feb. 20, 2020, affirmed a lower court’s decision that awarded $6.75 million in statutory damages to aerosol artists whose graffiti art on a warehouse was destroyed...more
Callers have the right to reasonably rely on the consent of a prior subscriber to a telephone number, a federal district court in Massachusetts has ruled, granting summary judgment in favor of the defendant....more
Jumping on the enforcement bandwagon, the Department of Justice (DOJ) filed its first actions against telecommunications operators for facilitating illegal robocalls. Both complaints seek temporary restraining orders as well...more
Individual defendants continue to face personal liability pursuant to the Telephone Consumer Protection Act (TCPA), with a Texas federal court allowing claims against two individuals to move forward despite their motions to...more
As the effective date for the California Consumer Protection Act (CCPA) inches closer, the Interactive Advertising Bureau (IAB) and its affiliated standard-setting body, the IAB Technology Laboratory, have released for public...more