News & Analysis as of

Communications & Media Consumer Protection

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

Second Circuit Holds Flu Shot Reminder Did Not Violate the TCPA

The Second Circuit has affirmed a lower court decision that a flu shot reminder sent by text message by a medical provider did not violate the Telephone Consumer Protection Act (the “TCPA”). The decision is important because...more

Social Links: Facebook ups its facial recognition game; retracing Twitter’s 2017 missteps; YouTube stars’ fan bases reach their...

In order to comply with a new German law requiring social media sites to take down hate speech, Twitter and Facebook removed anti-Islamic social media posts authored by a German far-right political party....more

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

by Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...more

Rulings, Orders, Settlements – January 10, 2018

by Perkins Coie on

Court Grants Motion to Dismiss Class Action Involving Organic Baby Formula - Organic Consumers Association v. The Hain Celestial Group, Inc., No. 1:16-cv-00925 (D.D.C.): The Court entered an order granting Defendant’s...more

FDA to step up enforcement of homeopathic medicine

by Thompson Coburn LLP on

Homeopathic medicine has long occupied a niche in American culture. Since 1988, with the issuance of the Compliance Policy Guide, § 400.400, “Conditions Under Which Homeopathic Drugs May be Marketed,” the FDA has had a...more

Regulatory Changes Ahead: The 2018 Landscape for Technology Businesses in Europe

by Morrison & Foerster LLP on

Summary - The European Union has published its 2018 Work Programme which sets out a challenging agenda of legislative and regulatory change for the technology, media and telecoms (TMT) sectors, to be delivered in...more

Connected Devices Bring New Product Liability Challenges

"My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy...more

Digital Health Year in Review: 2017 Trends and Looking Ahead to 2018

by McDermott Will & Emery on

Introduction - Throughout 2017, the health care and life science industries experienced a widespread proliferation of digital health innovation that presents challenges to traditional notions of health care delivery and...more

The Top 10 Class-Action-Related Developments of 2017

by BakerHostetler on

2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those...more

A List of Lists - 2018

Often derided as clickbait, listicles get a bum rap. They can be light on substantive content, sure, but sometimes that’s a good thing, especially for the busy readers of legal blogs, who would do well to treat themselves to...more

The Last Time DOJ Sued to Block a Vertical Merger was Over Forty Years Ago . . . And It Lost

On November 20, 2017, the Department of Justice (“DOJ”) filed suit in the District Court for the District of Columbia to block AT&T’s attempted acquisition of Time Warner Inc. AT&T (through its cellular network, its...more

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

by Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

by Thompson Coburn LLP on

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

Indirect Purchaser Cases in 2017: Key Appeals Court Rulings

by Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena, and provide practitioners with some key takeaways for 2018 and beyond. As with...more

ML Strategies 2018 Outlook: Telecommunications

Even though Congress spent much of last year focused on a number of bigger-picture priorities including healthcare, tax reform, and appropriations, lawmakers also developed a number of telecom-related bills. Recently,...more

FTC Not in Love With AdoreMe’s Marketing

The Federal Trade Commission showed no love for an online lingerie marketer’s negative option membership program when it reached a settlement that requires AdoreMe to return more than $1.3 million to customers....more

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Washington Attorney General Amends Lawsuit Against Cable and Internet Provider, Alleges More Deceptive Conduct- Washington AG Bob Ferguson amended his lawsuit against cable and internet service...more

FDA Resets Enforcement Priorities for OTC Homeopathic Drugs

Happy New Year! And now on to your regular Consumer Product Matters programming… Another Federal agency with a consumer-protection mandate has taken a significant step to reset compliance expectations and enforcement...more

Federal Trade Commission Approves Settlement with Lenovo Over Ad Software

The Federal Trade Commission (FTC) has approved its proposed settlement with Lenovo, Inc. over the installation of pre-installed advertising software called VisualDiscovery onto Lenovo laptops. According to the FTC, the...more

Intellectual Property Basics

by Jackson Walker on

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From...more

Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...more

Fitbit Can’t Put Sleep-Tracking Claims to Bed

Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more

Court Finds Calls Regarding Medicaid Coverage Not Telemarketing

A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone...more

Court Finds Revocation of Consent Unreasonable, Tosses Suit

Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list....more

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