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Communications & Media Updates

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

Consumer Class Actions Take a Hit: Court Holds Made-For-Outlet Products Not Deceptive

by Bryan Cave on

In the face of a growing number of lawsuits against retailers for deceptive sales, advertising and pricing practices, a California court recently affirmed dismissal of a consumer’s false advertising lawsuit against The Gap,...more

FTC Wins Default Judgment Against Prize Scam Defendants

The Federal Trade Commission (FTC) put an end to a phony prize scam with a default judgment entered by a California federal court judge in a case that was part of an international law enforcement initiative against mass-mail...more

Attacks Mount Against FCC After Repeal of Net Neutrality Rules

by Partridge Snow & Hahn LLP on

The Federal Communications Commission’s (“FCC”) repeal of net neutrality in December was certainly not the final word on the matter. The FCC’s decision to roll back Obama-era rules prohibiting paid preferences, throttling and...more

Twitter Flying Too Close to TWIT Mark With Video Content

Twitter, the social media giant, is being sued by its internet cousin, TWiT. TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content. TWiT owns the registered...more

Not Your Grandad’s Facebook? Targeted Social Media Ads Spur Age Discrimination Lawsuit

Can you target advertisements to a group based on age? The Communications Workers of America (CWA) and several individuals think not and filed suit against T-Mobile, Amazon, Cox Communications, and Cox Media Group. The...more

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

New Rules for Cannabis: The Coming Wave of California False Advertising and Unfair Competition Claims

by Wilson Elser on

The cannabis industry in California should expect to see a sharp increase in false advertising and unfair competition claims in 2018. These claims will be premised on violation of the state cannabis regulations, but will be...more

IoT Device Companies: COPPA Lessons Learned from VTech’s FTC Settlement

by Patrick Law Group, LLC on

In “IoT Device Companies: Add COPPA to Your "To Do" Lists,” I summarized the Federal Trade Commission (FTC)’s June, 2017 guidance that IoT companies selling devices used by children will be subject to the Children’s Online...more

Toy Company Settles DOJ Complaint Alleging Violations of Children’s Online Privacy Rule and FTC Act

by Weiner Brodsky Kider PC on

The Federal Trade Commission (FTC) recently announced a settlement with an electronic toy manufacturer for violating the Children’s Online Privacy Protection Rule (COPPA) and the FTC Act. The COPPA Rule prohibits unfair or...more

Reminder: FCC Filings Due on or Before February 1, 2018

by Kelley Drye & Warren LLP on

Form 499-Q Quarterly Telecommunications Reporting Worksheet - Carriers and providers of interstate and international telecommunications, including, but not limited to, interconnected Voice over Internet Protocol providers,...more

The State AG Report Weekly Update January 18, 2018

by Cozen O'Connor on

AG Elections- Democrat LaKresha Roberts Declares Candidacy for Delaware AG- Democrat LaKresha Roberts, former Chief Deputy AG in the Delaware AG’s office, announced her bid for Delaware AG in 2018....more

Mount Sinai Health System Defeats TCPA Action For Flu Shot Reminder

by Ifrah PLLC on

No one likes being on the receiving end of an immunization shot, but many of us submit to a flu shot each fall or winter. David Latner, a patient of the Mount Sinai Health System’s West Park Medical facility, apparently...more

AD-ttorneys@law

by BakerHostetler on

Are you really trying to use Jedi mind tricks to sell merch? Fan Disservice? That’s the accusation leveled by Truth in Advertising Inc., which claims that Skywalker’s Hollywood avatar, Mark Hamill, took so long to...more

Ninth Circuit Again Rejects Vicarious Liability Theory Under the TCPA

by Locke Lord LLP on

The latest decision out of the Ninth Circuit regarding vicarious liability under the Telephone Consumer Protection Act (“TCPA”) has again gone in favor of defendants. See Kristensen v. Credit Payment Servs., No. 16-15823,...more

Proceed To Check Out? The Impact Of 2018 European E-Commerce Reforms

by Morrison & Foerster LLP on

Summary - The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018. The European Commission has already published two proposed Directives relating to cross-border...more

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for...more

CAS Legal Mailbag Question of the Week – January, 2018 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a medium-size high school, I am responsible for investigating and acting on bullying claims. Last week, two sophomore girls came to me to report that a senior male student had been...more

Privacy Tip #122 – What’s Up with WhatsApp’s Security Flaws?

WhatsApp has been applauded for adding end-to-end encryption on its platform to secure conversations of its users two years ago. But encryption has its challenges, despite its security posture....more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

The Many Faces of Google’s Arts & Culture App (Except in Illinois and Texas)

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)—a feature in the Google Arts & Culture...more

More Fair Use of the Super Bowl Trademark?

Downtown Minneapolis is starting to come alive for upcoming Super Bowl LII, you can feel the energy building and commerce flowing, new ads and signage being erected almost daily...more

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

by Bennett Jones LLP on

Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

The Promise of Telehealth - Part I in a Series Addressing the Role of Telehealth - January 2018

by Hodgson Russ LLP on

In the Executive Budget released January 16, 2018, New York Governor Andrew M. Cuomo proposes to expand access to Medicaid-covered telehealth services. With improvements in telecommunications technologies, telehealth is...more

Website Accessibility Cases Proceed Despite Absence of Regulations

by Akerman LLP - HR Defense on

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering...more

Homeopathic Regulation Has Come to Stay

by Arnall Golden Gregory LLP on

FDA closed out 2017 with a brief, but long-awaited, draft guidance on Drug Products Labeled as Homeopathic (Homeopathic Guidance), which lays out FDA’s new regulatory strategy for these products. Under the Federal Food, Drug,...more

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