The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Retailers across the country have been facing private class action lawsuits alleging that certain discount pricing practices constitute false advertising based on the allegation that the discount is fictitious. Discount retailer, Kohl's, recently obtained dismissal of one such action.
Abercrombie & Fitch sent text message to cell phone’s prior owner
Calmer seas are on the horizon for businesses transferring personal data from the EU to the U.S. as negotiators are reported to have agreed today to a new framework for data transfers.
The FTC’s Enforcement Policy Statement on Deceptively Formatted Advertisements and business guidance detailing the agency’s position with respect to native advertising reinforces advertisers’ obligation to be transparent and authentic. Moreover, with the increasing prevalence of native ads, the FTC’s announcements likely will trigger enforcement actions in the not too distant future.
Justice Ginsburg suggests, but does not approve, a new strategy
CARU recommends modification to advertising despite disclaimer
Lumosity and FTC reach a settlement with regard to Lumosity’s Brain Training Program
FCC to treat text message senders differently from fax broadcasters
Olshan Advertising, Marketing & Promotions Practice Group Leader Andrew Lustigman was extensively quoted in the Electronic Commerce & Law Report published by Bloomberg BNA addressing the outlook of social media advertising.
Yahoo facing liability to half a million text message recipients