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Communications & Media Updates

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

OTA & Travel Distribution Update - China shuts down Marriott's website & mobile app; Airbnb hits the jackpot in Las Vegas; Ctrip's...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending Friday, January 12, is below. This week’s Update features stories predominantly on OTAs....more

Should Your Consumer Arbitration Clause Be Broader?

by Foley & Lardner LLP on

After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions....more

Food & Beverage Litigation Update | January 2018 #2

Organic Group Objects to Withdrawal of OLPP - A group of organic food producers, retailers and certifiers has published a full-page advertisement in The Washington Post containing the text of a letter to Secretary of...more

The Retroactivity of TCPA Regulations and Amendments

by Cohen & Grigsby, P.C on

On December 13, 2017, the United States Court of Appeals for the Ninth Circuit ruled that a 2012 amendment to the Telephone Consumer Protection Act (“TCPA”) excluding liability for phone calls related to the collection of...more

DOJ Drops Plans for ADA Guidance

It’s official: After years of waiting, the Department of Justice (DOJ) will not provide online retailers with guidance on the boundaries of website accessibility under the Americans with Disabilities Act (ADA)....more

Frequency Check: Is Your UAS FCC Compliant?

by Benesch on

The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

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

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