News & Analysis as of

Communications & Media law-news Conflict of Laws

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
Kelley Drye & Warren LLP

NAD Decision Addresses Review Claims

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought...more

Kelley Drye & Warren LLP

The Bulk Data Access Rule: What Advertisers Need to Know

On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it ​“will not prioritize civil enforcement actions against any person for violations” of the Rule through...more

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

Fisher Phillips on

Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

Venable LLP

Telemarketing and Texting

Venable LLP on

Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. ...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

BakerHostetler on

Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Troutman Pepper Locke

March 2025 Consumer Litigation Filings: Everything Up

Troutman Pepper Locke on

According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and complaints filed with the...more

Katten Muchin Rosenman LLP

Financial Industry Concerns Cause FCC to Delay Implementation of Broad Consent Revocation Requirement under TCPA

On April 11, 2025, a controversial new rule by the Federal Communications Commission (FCC) was set to take effect to modify consent revocation requirements under the Telephone Consumer Protection Act (TCPA). But each of the...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

Rascals advertises that the Hydrolock Core in its diapers ​“holds up to 25 x its weight” and ​“absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more

Venable LLP

Fifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties...

Venable LLP on

The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Recentive Analytics, Inc. v. Fox Corp. (Fed. Cir. 2025)

For the last several years, patentees and patent practitioners have been waiting for the Federal Circuit to weigh in on the patent eligibility of machine learning models. There was an expectation that, like any other...more

Arnall Golden Gregory LLP

Legal Issues Lurking on Your Website

Effective companies use their websites to engage with visitors, understand their market, and drive sales — but the legal landscape has grown in complexity in recent years such that maintaining a strong website for your...more

Quarles & Brady LLP

Personal Injuries, Treble Damages and Attorney’s Fees: The Supreme Court Approves Civil RICO Actions Resulting from Personal...

Quarles & Brady LLP on

Under the Racketeer Influence and Corrupt Organizations Act (RICO), an individual can bring a civil action for an injury to the individual’s business or property caused by a RICO violation (referred to as “civil RICO”). 18...more

Morgan Lewis

Key Takeaways: Advertising and Marketing in the Automotive Industry

Morgan Lewis on

As advertising and marketing strategies in the automotive sector continue to evolve in response to advancing technology and changing consumer expectations, advertisers are encountering new questions—accompanied by...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Epstein Becker & Green

New Seventh Circuit Decision Signals Greater Flexibility for Healthcare Marketing Services

Epstein Becker & Green on

On April 14, 2025, the United States Court of Appeals for the Seventh Circuit issued a decision in a case involving the federal Anti-Kickback Statute (“AKS”) and marketing services that the court framed as an appeal...more

Kelley Drye & Warren LLP

New Jersey Attorney General Sues Discord Over Youth Privacy Practices

Last week, New Jersey Attorney General Matthew J. Platkin announced a lawsuit against Discord, Inc., a popular messaging application provider, for allegedly misleading parents about the efficacy of its safety controls and...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #440 – Text Scam Proceeds Surpass $470M in 2024

I have been getting a lot of texts that are clearly scams, and those around me have confirmed an increase in spammy texts. According to an FTC Consumer Protection Data Spotlight, individuals lost over $470 million...more

Venable LLP

Healthy or Not? FDA Explains New Standards in Latest Webinar

Venable LLP on

On April 10, 2025, the Food and Drug Administration (FDA) released a pre-recorded webinar outlining the updated "healthy" nutrient content claim rule. As we previously discussed, the rule will go into effect on April 28,...more

BakerHostetler

[Podcast] AD Nauseam: Survey Says: The Consumer Perception Study Series Pt. 1

BakerHostetler on

In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how...more

Greenberg Glusker LLP

Washington Supreme Court Expands Reach of Anti-Spam Law

Greenberg Glusker LLP on

The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more

Orrick, Herrington & Sutcliffe LLP

Tennessee Act amends billing practices for service terminations

On April 11, Tennessee enacted SB 41 (the “Act”), which relates to consumer billing practices related to telephone, cable television, internet and broadband services. The Act regulates how service providers bill consumers...more

Husch Blackwell LLP

Proposed State Privacy Law Update: April 21, 2025

Husch Blackwell LLP on

Keypoint: Last week, bills passed the Montana and Arkansas legislatures while bills advanced in Alabama, Florida, Oregon, and Texas. Below is the fifteenth weekly update on the status of proposed state privacy legislation in...more

BakerHostetler

Don’t Skim(p) on Disclosures

BakerHostetler on

And we’re back with more NAD drama! You may remember that earlier this year, we blogged about a case where the National Advertising Division (NAD) of the Better Business Bureau found that disclosures @Revolve and the...more

Irwin IP LLP

Server Test in the Spotlight: What You See or How You See It?

Irwin IP LLP on

Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more

27,736 Results
 / 
View per page
Page: of 1,110

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide