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Advertising Private Right of Action

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Klein Moynihan Turco LLP

As Online Sports Betting Proliferates, Authorities Tighten The Screws On Gambling Advertising

On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way...more

BakerHostetler

Child’s Play or Constitutional Clash? Unpacking New York’s Bold Move to Restrict Food Advertising to Kids

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Last week, New York Senate Bill S 213B, which is aimed at restricting food advertising to children, was heard by the Agriculture Committee and voted out on a 6 to 2 vote along party lines, with the Democrats in the majority....more

Perkins Coie

Recent Developments in Telephone Consumer Protection Act Litigation

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Litigation of the Telephone Consumer Protection Act (TCPA) is an active area with frequent developments important to the consumer finance space. Two recent cases are worthy to note. In Loyhayem v. Fraser Fin. & Ins. Servs.,...more

BakerHostetler

CA Privacy Law Reboot – CCPA 2.0

BakerHostetler on

The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent...more

BCLP

CCPA 2020: Answers to the Most Frequently Asked Questions Concerning Cookies and AdTech

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When the CCPA was enacted last year, BCLP published a Practical Guide to help companies reduce the requirements of the Act into practice. Following publication of the Guide, we wrote a series of articles that addressed...more

Pullman & Comley, LLC

“THAT'S NOT FAIR!” How Soto v. Bushmaster Changed the Interpretation of the Connecticut Unfair Trade Practices Act to Permit...

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Next year marks 47 years of the Connecticut Unfair Trade Practices Act, or “CUTPA,” codified at Connecticut General Statutes §42-110a, et seq., and originally passed in 1973. They have been an eventful 47 years indeed. ...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

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Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Manatt, Phelps & Phillips, LLP

Ad Groups Push Back on CCPA Bill

Continuing the effort to push back against the California Consumer Protection Act (CCPA), ad industry groups are speaking out about the proposed legislation that would expand private rights of action and eliminate the law’s...more

Proskauer - Advertising Law

District Court Filters Out Preempted “Spring Water” False Advertising Claim

Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA. Flowing from that decision is the...more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

McDermott Will & Emery

Expansion of Liability in Product Labeling Cases

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An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

Robinson+Cole Data Privacy + Security Insider

Smart-TV now regulated under new California law

Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more

Polsinelli

Arizona Applies Consumer Fraud Act to Pharmaceutical Manufacturers

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Arizona has joined two other states in applying its consumer fraud law to pharmaceutical manufacturers. The Arizona Court of Appeals decision came in a products liability action against Medicis Corporation, related to a...more

Carlton Fields

Life Insurer Settles Nationwide "Junk Fax" Class Actions

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Recently, there has been a noticeable increase in lawsuits, particularly putative class actions, brought against life insurance companies pursuant to the Telephone Consumer Protection Act of 1991 (TCPA). As amended by the...more

Littler

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

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The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

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