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Ad Groups Push Back on CCPA Bill

Continuing the effort to push back against the California Consumer Protection Act (CCPA), ad industry groups are speaking out about the proposed legislation that would expand private rights of action and eliminate the law’s...more

Beer Brands Battle Over Corn Syrup

In a not-so-surprising move in the escalating war between beer brands, MillerCoors has filed a false advertising suit against Anheuser-Busch accusing the company of spending tens of millions of dollars on an “extensive and...more

Congress Faces Issues of Facial Recognition Technology

Businesses would need the explicit consent of individuals before using facial recognition technology pursuant to new bipartisan legislation introduced in Congress....more

Federal Bill Would Expand COPPA

Federal lawmakers have proposed a new bill (Senate Bill 748) that would amend the Children’s Online Privacy Protection Act (COPPA) to prohibit behaviorally targeted ads being directed to anyone under the age of 16 and mandate...more

Talking Cat App Should Keep Quiet on Advertising, CARU Recommends

A mobile application that features a talking cat and is geared toward children must clearly disclose its advertising content, must delete inappropriate ads in the app and must remove advertising content from its privacy...more

Musical.ly Sings New Tune With $5.7M FTC Settlement

The Federal Trade Commission announced the largest civil penalty obtained in a Children’s Online Privacy Protection Act (COPPA) case, in a $5.7 million settlement with video social network app TikTok, formerly known as...more

ERSP Recommends Investing Site Discontinue Misleading Pricing Claims and Testimonials

Expressing concerns about the earnings claims and testimonials found in advertising for a personal finance subscription service providing investment recommendations, the Electronic Retailing Self-Regulation Program (ERSP)...more

Gambling on a DOJ Reversal

Finding “no good reason” for the recent opinion from the Department of Justice reversing course with regard to the application of the Wire Act to online gambling, a pair of state attorneys general (AGs) urged that the new...more

Ad Industry Groups Weigh In on CCPA Concerns

Answering the call of the California attorney general (AG), ad industry groups are voicing their concerns about the forthcoming California Consumer Privacy Act (CCPA), set to take effect in 2020....more

Accountability Program Targets Targeted Advertising

In a pair of new decisions, the Online Interest-Based Advertising Accountability Program addressed targeted advertising with Publishers Clearing House (PCH) and Fontem, the company behind e-cigarette brand Blu....more

CNIL Searches Out Record GDPR Fine for Google

After Google was ordered to pay €50 million (about $57 million) by the French data protection authority—the largest financial penalty under the General Data Protection Regulation (GDPR) to date—other companies were left to...more

A Wire Act: DOJ Says Law Applies to All Forms of Gambling

Reversing its prior stance, the Department of Justice (DOJ) released a new opinion stating that the Wire Act applies to all forms of gambling—not just sports gambling—adding another layer of oversight to the online gambling...more

California AG Seeks Input on CCPA

Stakeholders have the chance to weigh in on the forthcoming regulations implementing the California Consumer Privacy Act (CCPA) at six public forums scheduled for January and February of this year....more

When You Wish Upon a Puppy … CARU Steps In

Just in time for the holidays, the Children’s Advertising Review Unit (CARU) cracked down on television ads for the Wish Me Puppy and recommended that the manufacturer, Jay at Play, modify the advertisements so that children...more

1/23/2019  /  Advertising , CARU , Children's Toys , Puffery

Consumer Groups Push to Strengthen CCPA

Taking the opposite approach of industry groups, the Electronic Frontier Foundation (EFF), Center for Digital Democracy (CDD), Campaign for a Commercial Free Childhood and a dozen other consumer organizations are pushing to...more

Record $4.95M COPPA Settlement in New York

In what is believed to be the largest Children’s Online Privacy Protection Act (COPPA) settlement to date, Verizon will pay $4.95 million to the New York Attorney General’s Office based on violations allegedly committed by...more

SEC Settles With DJ, Boxer Over Lack of Disclosures

The Securities and Exchange Commission (SEC) indicated its intention to crack down on celebrities promoting initial coin offerings (ICOs), by announcing settlements with DJ Khaled and Floyd Mayweather, who failed to disclose...more

Airline Fined for Separate Disabled-Accessible Website

Offering a separate website for those with disabilities does not comply with the U.S. Department of Transportation’s (DOT) website accessibility requirements, the agency made clear with a $200,000 fine to the Scandinavian...more

Publisher, PR Firm Settle With FTC Over Endorsements

Providing yet another reminder about regulatory oversight of endorsements, a publisher and public relations firm reached a deal with the Federal Trade Commission (FTC) over paid endorsements that were used in a marketing...more

Baseball Bat Company Strikes Out on Dismissal Motion

A California federal court allowed the bulk of a class action challenging the advertising claims for Easton’s youth baseball bats to move forward, denying the defendant’s motion to dismiss....more

DOJ Offers Hope to Sites Facing ADA Litigation

Continuing the Department of Justice’s (DOJ) hands-off approach to applying the Americans with Disabilities Act (ADA) to websites, the agency responded to an inquiry from lawmakers with an answer that may help defendants...more

Online Lender Settles With FTC Over Refinancing Misrepresentations

Issuing a warning to other lenders, the Federal Trade Commission (FTC) reached a deal with an online lender over charges the company violated the FTC Act by making false statements about student loan refinancing....more

New Federal Privacy Proposal Includes Penalties and ‘Do Not Track’

Taking a tough stance, Sen. Ron Wyden (D-Ore.) introduced a draft of his new privacy bill that would provide for consumer protections and impose stiff penalties and steep fines....more

College Athletes Fumble Publicity Rights Suit

In answering a certified question from the U.S. Court of Appeals, Seventh Circuit, the Indiana Supreme Court ruled that fantasy sports websites do not violate Indiana’s publicity rights law by using the names and images of...more

Retail and Consumer Products Law Roundup - November 2018

California Now Requires Female Directors on Public Company Boards - In a groundbreaking move to bring gender diversity to the boardroom, on Sept. 30, 2018, Governor Jerry Brown signed California Senate Bill 826 (SB 826),...more

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