Washington State Debates Personal Data Protections -
Will the Evergreen State join Colorado and Cali and flick the data off-switch?...more
2/3/2022
/ Advertising ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
Ethereum ,
Federal Trade Commission (FTC) ,
NAD ,
Opt-Outs ,
Personally Identifiable Information ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking
FTC Wants Input on Impersonation - COVID-19 era sees flood of fakery, but why? Trendlines - It’s a common theory that the COVID-19 pandemic accelerated changes that were already bubbling beneath the surface of our lives —...more
Another year has come and gone. There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. So we asked...more
Plaintiffs’ Bar Waves Another Maddening Flag at Olé - Repeat of Cali origin case makes New York claims - Qué Pasó? Back in May, we covered a case that raised a bushel of interesting questions about origin claims....more
China’s Influencers Suffer Great Leap Backward - The party’s central Internet authority aims to curb rampant celebrity “extravagance” - Oversight, or Overlook? With all the negative attention online culture and social media...more
SDNY: Pepperidge Farm Butter Suit Is Half-Baked - Stalking suit plaintiffs’ counsel is kicked out of the kitchen again - All Publicity Is Good Publicity - As a rule, we don’t mention the names of the law firms involved in the...more
Kanye’s Kicks Cos. Clobbered by Cali Code - Yeezy failed to deliver the goods; part of uptick in MITOR attention Gotta Have It - We made a big deal of the Federal Trade Commission’s (FTC) investigation of and actions on late...more
Policy statements are neither rules nor notices of penalty offenses, but when the FTC issues a policy statement discussing an area that has been the subject of a lot of enforcement activity, it warrants serious attention,...more
Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more
The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies,...more
Swamped Commission Gets Compulsory Life Preserver - Rising tide of merger filings cited to justify new compulsory process resolutions - Multi-Foci - After a 3-2 vote, the Federal Trade Commission (FTC or Commission) approved...more
Starbucks Ads are Up to Puff, For Now - Pity the puff – so often cited as a reason why an advertising statement is not a claim, yet so rarely with success. And just by way of a quick review, a puff is an advertising statement...more
American businesses are under intense pressure to show a commitment to addressing climate change. One form of expressing that commitment will be through advertising. Companies claim to offer “green” products, target “net-zero...more
Gruesome Murder Docudrama True Enough for New York’s Supreme Court -Right-to-privacy protections don’t kick in for murderer represented in “broadly accurate” TV movie - Matlock! According to Variety, “Romeo Killer: The Chris...more
‘Blessing Loom’ Club Just a Pyramid in Drag? FTC says BINT was fleecing participants while demanding vows of silence - Migraines in No Time - There are all sorts of new-agey trappings that accompany the “Blessing Loom” known...more
CARU Warns Kids Off of Consuming Sugary, Fruit-Scented Doll Tears - Sometimes you write a title so strange that a subtitle seems superfluous - Kids Today - The holy grail of toy manufacturing is the collectible—the marketing...more
Will COPPA Enter Its Surly Teenage Years as CTOPPA? Bipartisan bill aims to beef up everyone’s favorite kiddie privacy law - Data-luge - It’s now a truism of our collective pandemic experience that the mass adoption of online...more
CARU Pats Unity Technologies on Back, Sends It on Its Way - Inquiry into possible COPPA violations finds the company clean as a whistle - Kumbaya - Normally our newsletter is filled with reports of chicanery,...more
BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more
5/12/2021
/ Advertising ,
Class Action ,
COPPA ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Product Labels ,
Robocalling ,
Scams
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b) - Well, the buck stops here (for now). In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the...more
5/5/2021
/ Advertising ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
Enforcement Actions ,
Expedia ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Made in the USA ,
Marketing ,
Settlement
Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize...more
Digitally Generated Storm Clouds Gather Over Artists’ Rights - NFTs open exciting new legal questions for experienced IP lawyers - Thomas Kinkade This Ain’t - It’s a beautiful house. Open and sparse, it’s bordered by clear,...more
4/26/2021
/ Advertising ,
COPPA ,
Digital Assets ,
Endorsements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Mobile Apps ,
Non-Fungible Tokens (NFTs) ,
Online Marketplace ,
YouTube
Will Unanimous Supremes Stem the TCPA Tide? With a ‘random’ decision, SCOTUS reshapes the landscape of telemarketing law - What a Long Strange Trip It’s Been - Back in July of last year, we offered a summary of the...more
We used to think of subscriptions as mostly for newspapers and magazines, but today you can subscribe to get cosmetics, cars, clothes, mental health counseling – even a curated selection of cat toys and treats that will show...more
4/14/2021
/ Advertising ,
Automatic Renewals ,
Cancellation Rights ,
Consent ,
Consumer Contracts ,
Federal Trade Commission (FTC) ,
Marketing ,
Notice Requirements ,
Risk Mitigation ,
ROSCA ,
Subscription Services ,
Terms and Conditions
Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more
4/12/2021
/ Advertising ,
Bitcoin ,
Cannabidiol (CBD) oil ,
E-Commerce ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food Labeling ,
GMO ,
Marketing ,
Online Marketplace ,
Pharmaceutical Industry ,
Reimbursements ,
Wire Fraud