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North Dakota Jumps on Auto Renewal Law Bandwagon

Joining the recent trend of jurisdictions stepping up oversight of automatic renewal laws, North Dakota has enacted a measure regulating auto renewal provisions in the state....more

Healthcare Advertising: Understanding the FTC’s Role and Regulations

Keeping patients well informed is a core principle of American healthcare policy, and advertising plays an important role in getting important information out to the public. The laundry list of side effect warnings featured...more

FTC Actions Emphasize Data Security

In the most recent Federal Trade Commission (FTC) actions alleging data security violations, the agency settled with an online rewards website and a dress-up games website over allegations that the sites failed to take...more

Plaintiff Seeks to Close the Door on Lowe’s Store-Closure Ads

Are “store closing” signs misleading advertising? Daniel Dugo answered in the affirmative in a new class action complaint filed against Lowe’s in California federal court....more

California Appellate Panel Upholds Validity of Pricing Statute

Siding with the government, a California appellate panel held that section 17501 of the Business & Professions Code was not unconstitutionally vague on its face or as applied to national retailers accused of deceptive...more

Ad Groups Aim to Pass Federal Privacy Legislation

The advertising industry has teamed up to form a new organization dedicated to enacting federal privacy legislation. Privacy for America—with a steering committee comprising representatives from the Association of National...more

FTC Settles Over Undisclosed Reviews, Auto Renewal Programs

“Free” trial offers that did not adequately state the terms of auto renewal programs and failed to disclose compensated reviews resulted in a deal with the Federal Trade Commission (FTC) for UrthBox, Inc., and its principal,...more

Tech Scam Costs Office Depot, Software Company $35M

For tricking consumers into spending millions of dollars on computer repairs and technical services by falsely claiming their software uncovered malware symptoms on consumers’ computers, Office Depot Inc. and its software...more

NARB Shines a Light on ‘Double Offer’ Flashlight Claims

In order to clearly and conspicuously disclose the discount or price offered for a second item and any associated charges or fees, the National Advertising Review Board (NARB) recommended that Telebrands Corp. modify its...more

4/5/2019  /  Advertising , NAD , NARB

What’s Next? Recent Activity in Tech Legislation

If the action from the 116th Congress matches only half of the noise it is making regarding the tech industry, the next few months are likely to see a revolution in the government’s approach to regulation in our digital era....more

Will Washington Be the Next California?

By a vote of 46-1, the state Senate passed the Washington Privacy Act (WPA), which would provide consumers in the state with the right to learn what data is collected about them and whether the information is sold to outside...more

KleptoCats App Steals FTC Referral From Self-Regulatory Programs

In a joint referral, the Online Interest-Based Advertising Accountability Program and the Children’s Advertising Review Unit notified the Federal Trade Commission (FTC) that HyperBeard had refused to participate in the...more

CCPA Revisions and Federal Proposals: The Latest in Privacy News

As federal lawmakers debate the possibility of a national privacy law, California legislators are considering a new bill that would amend the state’s Consumer Privacy Act (CCPA) with a broader private right of action and...more

Deceptive Pricing Suits Continue to Proliferate

While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores....more

From Feds to States, Privacy Laws Make Headlines

Privacy laws remain in the headlines, with a call from the Government Accountability Office for a federal bill and states proposing measures that echo the California Consumer Privacy Act (CCPA)....more

Fake Likes, Followers Yield Real Legal Action

In what is being called the first enforcement action involving fake social media endorsements, New York Attorney General Letitia James announced a settlement with a company that allegedly sold the likes and views of fake...more

Retail and Consumer Products Law Roundup - February 2019

Newsom’s Six-Month Paid Family Leave Agenda - Shortly after being sworn in as the new governor of California, Gavin Newsom proposed extending California’s current six-week paid family leave (PFL) to six months. PFL, which...more

Challenge to Ben & Jerry’s ‘Humanely Sourced’ Claims Moves Forward

A Washington, D.C., judge denied a motion to dismiss and allowed a false advertising suit accusing Ben & Jerry’s of deceiving consumers about the treatment of their cows to move forward....more

Ross Settles Deceptive Pricing Suit for $5M

A deceptive pricing class action will cost Ross Stores almost $5 million after a federal judge in California granted preliminary approval to the settlement agreement....more

[Webinar] From Enforcement To Regulation: Legislative Trends For The Tech Industry - February 14th, 1:00pm ET

What to Expect as the Tech Industry Migrates From Begging Forgiveness to Asking Permission. New laws in Europe and California are forcing tech companies to reassess their content or risk big fines. Now, the industry...more

Washington, DC, Adds Auto Renewal Law

The nation’s capital joined the growing number of states regulating automatic renewal contracts when Mayor Muriel Bowser signed the new law into effect this month....more

Direct Selling Joins Self-Regulatory Program Neighborhood at CBBB

The Direct Selling Association (DSA) announced the establishment of a new direct selling self-regulatory program that will be administered by the Council of Better Business Bureaus (CBBB)....more

Florida Court Awards FTC $25M Against Roca Labs

A Florida federal court has ordered Roca Labs to pay more than $25 million in an action filed by the Federal Trade Commission (FTC) over the weight loss marketer’s efforts to prevent consumers from writing bad reviews, among...more

GDPR Enforcement Actions, Fines Pile Up

Since the General Data Protection Regulation (GDPR) took effect on May 25, 2018, data protection authorities in the European Union (EU) have wasted no time in launching enforcement actions and issuing fines....more

Accountability Program Tackles Opt-Outs, Disclosures in New Decisions

In its latest decisions, the Online Interest-Based Advertising (IBA) Accountability Program tackled the issues of privacy disclosures and consumer opt-out tools following inquiries into two advertising technology companies....more

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