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.

Direct marketers have long been the focus of the Iowa Attorney General’s office. This scrutiny has now expanded to focus on companies that provide goods or service to marketers, particularly involving psychic or sweepstakes-related promotions. While many believe this scrutiny to be misplaced, suppliers nevertheless need to be vigilant with respect to their business practices with respect to their clients’ marketing practices.

Olshan Advertising, Marketing & Promotions Partner Andrew Lustigman was quoted in a Law360 article on the Federal Trade Commission’s revised advertising endorsement guidelines addressing paid product reviews on social media.

Total judgment awarded to cable subscriber is $229,500

CLIENT ALERT

Marketers who communicate with consumers on mobile devices and smart phones must stay current with the FCC's new rulings. 

Telemarketer’s Do Not Call Violations Cost Business $6 Million

Eighth Circuit Rules On “Survey” Used To Promote Movie

As part of its recent bankruptcy proceeding, RadioShack sought to auction off its vast collection of personal information about its customers. However 38 states and the FTC objected to the sale on the grounds that it violated RadioShack's existing privacy policy. The limitations on the transfer of data RadioShack agreed to in an eventual deal with the states shows that companies need to be forward thinking regarding future transfers of data when crafting their data privacy policies.

The FTC recently updated its Endorsement Guides FAQs, entitled “The FTC’s Endorsement Guides: What People Are Asking”. As advertisers increasingly rely on third parties to promote their products and services, the revised FAQs provide guidance as to appropriate disclosures and compliance obligations that should be considered in connection with such marketing efforts. This highlights the revisions to the FAQs and discusses key steps advertisers should take to support their compliance efforts.  

FCC schedules a vote on the commissioner’s proposals for June 18th.

Olshan Partner Andrew Lustigman and Associate Mason Barney Discuss Recent Actions for how Companies Approach Cybersecurity.

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