In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s...more
2/27/2024
/ Airline Passengers ,
Airlines ,
Artificial Intelligence ,
Automation Systems ,
Bots ,
Corporate Counsel ,
Duty of Care ,
Liability ,
Misleading Statements ,
Policies and Procedures ,
Refunds ,
Retroactive Application ,
Ticket Pricing ,
Websites
In its first major update since 2014, the BBB National Programs’ Children’s Advertising Review Unit (CARU) announced on July 29, 2021, the issuance of its revised CARU Advertising Guidelines (the Revised Guidelines), widely...more
On January 21, the Children’s Advertising Review Unit (CARU) announced a social media and photo editor app that has become well known to teens and tweens for the “VSCO girl” trend is not an online service that is either...more
On October 6, the Children’s Advertising Review Unit (CARU) announced its finding that Discord, a social media platform that provides text, voice and video communication services via desktop, browser and mobile applications,...more
10/15/2020
/ Advertising ,
CARU ,
COPPA ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Gaming ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Privacy Policy ,
Social Media ,
Terms of Service
While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) case sheds some light on best practices when engaging influencers to create...more
Back in August of last year, the Federal Trade Commission (FTC) hosted a workshop on video game loot boxes, which, for all you non-gamers, is a video game microtransaction in which an individual playing a video game purchases...more
The Federal Communications Commission’s (FCC) Enforcement Bureau last week issued two fines, one for $6,000 and another for $5,200, for violations of its contest rules, as two sweepstakes were not conducted as advertised.
...more
On April 21, 2020, the FTC reached a proposed settlement with Fashion Nova, an American fast fashion retail company, for failing to ship merchandise in a timely manner without notifying customers and giving them an...more
The offers are popping up everywhere: “Buy a protective face mask on our website and we will donate a mask to a hospital or a community in need” or “Retweet this message and we will donate $1 to a COVID-19 relief fund.”...more
The Federal Trade Commission (FTC) recently announced it is seeking public comment on whether to make changes to its Endorsement Guides as part of its systematic review of all current FTC rules and guides.
The Endorsement...more
2/28/2020
/ Advertising ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Popular ,
Public Comment ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
A New York law permitting interactive fantasy sports (IFS) is unconstitutional, an appellate court in the state has ruled, dealing a blow to the multimillion-dollar industry.
The state legislature amended the Racing,...more
2/25/2020
/ Amended Legislation ,
Constitutional Challenges ,
Fantasy Sports ,
Gambling ,
Games of Chance ,
Illegal Gambling ,
Penal Code ,
Sports ,
Sports Betting ,
Sports Gambling ,
State Constitutions
In response to the Ninth Circuit’s decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what constitutes “illegal gambling games” within the meaning of the state’s Recovery of...more
A group of 23 state regulators reached a deal with PayPal Giving Fund (PPGF) to settle allegations that it failed to provide adequate disclosures and information to consumers making donations through the platform.
As a...more
2/12/2020
/ Charitable Donations ,
Charitable Organizations ,
Disclosure Requirements ,
Donations ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Payment Processors ,
PayPal ,
Popular ,
State Attorneys General ,
State Regulators ,
Vetting
Twenty-three state regulators have now reached a deal with a prominent online payments processor to address that company’s insufficient disclosures on its platform. We explain why that matters to you....more
The British Advertising Standards Authority (ASA) has cracked down on influencer advertising, finding that even if a company did not explicitly require the influencer to post on its behalf, the simple fact that the individual...more
A new bill introduced in the House of Representatives would update the Children’s Online Privacy Protection Act (COPPA), broadening the existing statutory protections to include youth under the age of 16....more
Last month, the Ninth Circuit affirmed a Washington district court’s decision to deny Huuuge’s bid to arbitrate a proposed class action based on a browsewrap agreement....more
Kim Kardashian sank her teeth into a new publicity rights lawsuit, claiming that a doctor uses her name and likeness without permission to promote his “vampire facial” procedure....more
Changes to its loyalty program will cost AutoZone almost $50 million in a class action settlement, which comes more than three years after a California couple first accused the automotive maintenance retailer of breach of...more
Within days of two parents of underage children filing a putative class action against TikTok’s parent company, asserting violations of the Children’s Online Privacy Protection Act (COPPA), the parties have reached a deal to...more
In the latest Congressional effort to establish a federal privacy law, on November 18, 2019, a group of Senators released a set of “core principles” for a federal privacy framework, followed by the introduction of an...more
Changes to YouTube’s policy with regard to the labeling of videos with child-directed content have creators struggling to achieve compliance. Earlier this year, YouTube agreed to a record-setting deal with the Federal Trade...more
Beginning in January 2020, two states will begin regulating the Internet of Things (IoT).
California enacted its law last year, which applies to “any device, or other physical object that is capable of connecting to the...more
In its latest decisions, the Digital Advertising Alliance (DAA) Accountability Program (the Program) worked with websites and mobile apps devoted to retail and pharmaceutical products on issues of notice....more
As the effective date for the California Consumer Protection Act (CCPA) inches closer, the Interactive Advertising Bureau (IAB) and its affiliated standard-setting body, the IAB Technology Laboratory, have released for public...more