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.
On March 27, 2013, 12:30 - 1:30 p.m. EDT., Olshan will present the webinar Competitor Advertising Challenges: Lanham Act vs. NAD. CLE credit will be available for this complimentary program which will offer a practical analysis of alternative forums for addressing competitor advertising claims.
In December, we warned that New Jersey could see a boom in Telephone Consumer Protection Act (TCPA) class actions. Now it looks like Michigan will get hit with a similar increase in telemarketing-related suits.
On the same day that the FTC released its new report on mobile privacy, the Commission also announced its latest online mobile privacy enforcement action, an $800,000 settlement with the operator of the Path social networking app.
On February 1, 2013, the FTC released its latest privacy-focused report, Mobile Privacy Disclosures: Building Trust Through Transparency.
In the United States District Court for the Eastern District of New York, pharmaceutical sales representative Alfred Caronia was convicted of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor.
A recent series of rulings will likely trigger an avalanche of class action lawsuits over unwanted text messages and robocalls, particularly in the State of New Jersey.
After a number of rounds of public comment and workshops, the FTC has released its revised regulations under the Children's Online Privacy Protection Act of 1998 ("COPPA").
By William MacDonald*
Yesterday the Federal Trade Commission (the "FTC") announced that it had entered into a settlement agreement with online advertising network, Epic Marketplace Inc. ("Epic"), that bars the company from continuing to use history sniffing technology, which allows online operators to "sniff" a browser to see what sites consumers have visited in the past.
This week, the Federal Communications Commission (FCC) issued an order covering the same issue, but with a key limitation that creates a serious legal risk every time a marketer acknowledges an opt-out request with a confirmatory text.
Advertisers typically take comfort if their advertising has been approved by the governing regulatory agency. A recent NAD decision in the pet care context places that long-standing belief into jeopardy.