Alerts: Advertising Law
What Facebook and Instagram Changes Mean to Advertisers
Over the past few days and weeks the press has spilled a lot of ink about Facebook's, and its newly acquired company, Instagram's, revised privacy, advertising and other policies. Whether or not the recent policy changes are significant is yet to be determined, but what is clear is that the public is actually paying attention and that the changes may affect how advertisers can use these platforms. Read more.
December 22, 2012
Alerts: Advertising Law
New FCC Ruling on Text Messaging
The Federal Communications Commission ruled that sending a one-time text message to confirm a consumer's request that no further text messages be sent does not violate the Telephone Consumer Protection Act. Read more.
December 3, 2012
Alerts: Advertising Law
Gift Rap: Proposed Settlement in LivingSocial Case Offers Guidance to Marketers of Deal Vouchers
Less than three months after a U.S. District Court judge rejected a proposed $8.5 million settlement in a class action lawsuit against Groupon, LivingSocial proposes a $4.5 million dollar settlement to a set of class action plaintiffs and a nation of class action members. Read more.
November 29, 2012
Alerts: Advertising Law
Contest Did Not Excuse Advertiser Duty to Substantiate Claim
In response to a challenge by the International Business Machines Corporation, the National Advertising Division of the Council of Better Business Bureaus reviewed print advertisements produced by Oracle Corporation stating its Exadata server is "5x Faster Than IBM ... Or you win $10,000,000." The NAD went on to state that Oracle was responsible for substantiating this "5x Faster claim." Read more.
November 26, 2012
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Alerts: Commercial Litigation
New FCPA Guidance for US Companies Doing Business Overseas
The Foreign Corrupt Practices Act ("FCPA") was enacted by Congress in 1977 in response to "revelations of widespread global corruption", including allegations that numerous U.S. companies had paid hundreds of millions of dollars to bribe foreign government officials to obtain or retain overseas business. The FCPA includes substantial criminal penalties for both businesses and individuals found to have made prohibited payments, and also gives both the Department of Justice and the Securities and Exchange Commission the authority to pursue civil enforcement actions. Read more.
November 21, 2012
Alerts: Advertising Law
New Guidelines for Cause Marketing
The New York Attorney General recently issued guidelines in cause marketing promotion. In issuing these new guidelines the New York Attorney General cites the need to promote transparency in the billion-dollar-a-year industry of cause marketing. Read more.
November 19, 2012
Alerts: Advertising Law
Federal Court Decision Calling Poker “Skill” May Impact Marketers’ Promotions
Judge Jack Weinstein of the Eastern District court of New York recently decided that Texas Hold 'Em poker is a game of skill and therefore not gambling under federal law. This is the first time a federal court has determined that poker is not gambling under the "Illegal Gambling Business Act". The government intends to appeal the decision. Read more.
November 9, 2012
Alerts: Advertising Law
Federal Court Rejects Albert Einstein Right of Publicity Claim
In rejecting a right of publicity claim by Hebrew University of Jerusalem, which claims to control the rights to Albert Einstein, a California federal court has ruled that the common law right of publicity under New Jersey law has a maximum post-mortem duration of 50 years. Read more.
October 23, 2012
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Alerts: Advertising Law
Marketing Your Mobile App: Get it Right from the Start
The FTC recently released guidelines entitled "Marketing Your Mobile App: Get It Right from the Start". The guidelines provide valuable do's and don'ts for companies and individuals creating mobile applications. The guideline was divided into two sections, "Truthful Advertising" and "Privacy". Here's a rundown of what you need to know. Read more.
October 4, 2012
Alerts: Advertising Law
Appeals Court Rules Christian Louboutin has Trademark Rights in its Red Outsoles
As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling that may help fashion creators in their efforts to obtain intellectual property protection for fashion design. Read more.
September 7, 2012
Alerts: Advertising Law
FTC Seeks Public Comments on Revisions to COPPA
As part of the Federal Trade Commissions ("FTC") efforts to update the "Children's Online Privacy Protection Rule", the FTC has proposed to further modify the rule to clarify its scope and strengthen its protections for children’s personal information. These proposed revisions follow comments previously received by the FTC in 2011. Read more.
August 10, 2012
Alerts: Advertising Law
FTC Releases Study to Guide Advertisers Away from “Up To” Claims
The Federal Trade Commission announced the results of a study it commissioned, which indicates that many consumers understand "up to" claims as promising maximum results. The FTC believes the study will help guide advertisers to avoid the use of misleading "up to" claims. Read more.
July 2, 2012
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Alerts: Advertising Law
Gift Rap: Groupon Settlement May Influence “Daily Deal” Strategies for Marketers
The terms of a proposed settlement of at least 17 lawsuits against Groupon may impact the way marketers of “daily deals” or other gift card offerings manage those deals and their expiration dates. Read more.
June 19, 2012
Alerts: Advertising Law
Myspace Settles Privacy Policy Charges
This week, the social network Myspace agreed to settle charges by the Federal Trade Commission that Myspace did not honor its own promises to consumers in its privacy policy. Read more.
May 10, 2012
Alerts: Advertising Law
Two Changes for Advertising Self-Regulators
There are two news items from the advertising industry’s self-regulatory arena- the first from the Council of Better Business Bureaus, and the second from the National Advertising Review Council. Read more.
April 20, 2012
Alerts: Advertising Law
SAG and AFTRA Unions Merge
On March 30, 2012, the Screen Actors Guild and the American Federation of Television and Radio Artists announced that they merged into a single union. This new union, SAG-AFTRA, will now oversee the services of over 150,000 actors, recording artists, stunt performers and other media professionals. Read more.
April 13, 2012
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Alerts: Advertising Law
FTC Settles with Car Dealerships Over Deceptive Ad
The Federal Trade Commission ("FTC") recently announced that it reached agreements with five car dealerships that require them to stop running ads in which they promise to pay off a consumer's trade-in vehicle no matter what the consumer owes. These cases are exemplary of the FTC's increased focus on consumer protection issues in motor vehicle transactions. Read more.
March 19, 2012
Alerts: Advertising Law
FTC Concludes Investigation Concerning “Made in USA” Claims
The Federal Trade Commission ("FTC") has closed its investigation of whether advertising claims made by Lucky Brand Dungarees, Inc. violated the FTC Act, citing several reasons for its decision, including that Lucky had corrected all incorrect statements that its products were "made in the United States." Read more.
March 15, 2012
Alerts: Advertising Law
Clothes Call: FTC Reviews Wool Products Labeling Rules
As part of a regular review of its rules and guides, the Federal Trade Commission is currently focusing on its "Wool Products Labeling Rules". These rules, which apply to any manufacturer, distributor, or labeler of wool products, were last modified in the year 2000. Read more.
March 13, 2012
Alerts: Advertising Law
FTC Announces Settlement with Window Marketers Over Environmental Claims
In another example of the Federal Trade Commission's broad efforts to ensure that environmental marketing is truthful and based on solid scientific evidence, the FTC recently proposed settlement orders that prohibit five window replacement companies from making false claims about how much money consumers could save on their heating and cooling bills by having windows installed. Read more.
March 6, 2012
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Alerts: Technology Law
New Privacy Measures Announced by the White House and the California Department of Justice
Two new privacy measures are likely to impact organizations that collect information about their customers online. Read more.
March 2, 2012
Alerts: Advertising Law
FCC Imposes Strict New Rules for Robocalls
The Federal Communications Commission has issued an order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer to cell phones or residential landlines. Besides exceptions noted here, the order applies regardless of whether there is an existing business relationship between the marketer and the consumer, and will go into effect 12 months after formal publication of the approved rule in the Federal Register. Read more.
February 27, 2012
Alerts: Technology Law
FTC Report Warns Enforcement Action May be Next for Mobile Apps for Kids
The Federal Trade Commission issued a staff report yesterday that says makers of mobile apps directed at children, the app stores that sell them, and certain third parties providing services within apps (e.g., advertisers), are not providing the information that parents need to understand what data the apps collect and how that data is handled. Read more.
February 17, 2012
Alerts: Technology Law
Publishers Sued for Allegedly Violating California Privacy Law
In the last several weeks, plaintiffs’ lawyers have filed a number of class action lawsuits against businesses for allegedly violating California’s “Shine the Light” privacy law (the “Law”). According to one report, targets include nearly a dozen publishers, including Men’s Journal, Reader’s Digest, and CBS Interactive. The complaints allege that each business failed to comply with its obligations under the Law by not providing California customers with a method for obtaining a disclosure regarding how they share information. Read more.
February 15, 2012
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Alerts
FTC Sends Warning to Marketers of Mobile Apps for Background Screening
The Federal Trade Commission recently warned the marketers of several mobile apps that they may be violating the Fair Credit Reporting Act. Each of the apps at issue include background screening functionality. Read more.
February 7, 2012