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PACEDm.com On September 23, 2016, a federal appeals court affirmed a lower court ruling that an online advertiser can be held liable for deceptive marketing content that it did not develop. By way of background, the LeadClick affiliate network connected third-party merchants with its affiliates to promote the former’s products.
PACEDm.com A complaint filed in July 2015 in the Southern District of New York alleged that, beginning in 2014, Sling Media began placing unsolicited advertisements next to streaming content transmissions being viewed by consumers, without first disclosing in the software license that it intended to do so.
PACEDm.com As previously discussed here, on September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices, including data dissemination and tracking technologies. The workshop will delve into the effectiveness of disclosures to ensure consumers not ...
PACEDm.com Dietary supplements, herbal remedies, patches, creams, wraps and products rubbed into the skin are high-profile. Weight loss offers are among the most intensely scrutinized by local, state and federal regulators. Each website must be in substantial compliance based on the specific facts and nature of the advertising program.
PACEDm.com Warner Bros. Home Entertainment, Inc. has settled Federal Trade Commission charges that it deceived consumers during a marketing campaign for the video game Middle Earth: Shadow of Mordor, by failing to adequately disclose that it paid online “influencers” to post positive gameplay videos on YouTube and social media. Under a proposed FTC order, Warner Bros.
PACEDm.com On September 15, 2016, the Federal Trade Commission will host a public workshop to examine and evaluate disclosures that marketers make to consumers about advertising claims and privacy practices. Regulators have spent considerable resources addressing the issues of disclosures in recent years.
Trade secret misappropriation has traditionally been a matter of state law. Previously, the federal statute permitted only criminal or civil causes of action initiated by the U.S. Attorney General. However, on May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the “Act”), federalizing trade secrets law. The Act does not preempt state laws.
Share ! tweet In an earlier blog post, I discussed a recent SCOTUS ruling that defendants facing Telephone Consumer Protection Act lawsuits cannot escape a class action by making a settlement offer to individual plaintiffs (Gomez v. Campbell-Ewald). The decision continues to have significant ramifications.
Share ! tweet Section 5 of the Federal Trade Commission Act prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.” Traditionally, the Commission has focused upon direct advertising claims, both express and implied. However, two recent matters place online marketers on notice that the Commission is now closely scrutinizing indirect advertising through th ...
Share ! tweet This is PART THREE in a five part series focusing on Internet marketing, lead generation and telemarketing compliance. The amended Telephone Consumer Protection Act (“TCPA”) regulations have imposed a number of obligations upon telemarketers, including additional consent, abandonment and opt-out requirements for pre-recorded or autodialed telemarketing calls.
Share ! tweet Campbell-Ewald Co. v. Gomez, U.S., No. 14-857. On January 20, 2016, the Supreme Court ruled in a 6-3 opinion by Justice Ruth Bader Ginsburg that an individual plaintiff in a class suit may continue with his individual claims after he has rejected a defendant’s offer of complete relief made before a class is certified.
Share ! tweet This is PART TWO in a five part series focusing on Internet marketing and online lead generation compliance. The native advertising landscape is rapidly evolving with respect to publisher-advertiser relationships, as well as consumer perceptions of native ad products and brand interaction.
Share ! tweet This is PART TWO in a five part series focusing on Internet marketing, mobile marketing and online lead generation compliance. On July 10, 2015, the Federal Communications Commission (“FCC”) issued its omnibus Declaratory Ruling and Order (“Ruling”) addressing 21 petitions filed with the agency by various companies and trade associations seeking relief or clar ...
Share ! tweet On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference. If implemented, the proposal would be the very first formal standard for DNT compliance.
Share ! tweet This IS PART ONE in a five part series focusing on Internet marketing and online lead generation compliance. From weight loss and muscle building products, to skin creams and anti-aging products, the FTC Act’s prohibition on “unfair or deceptive acts or practices” encompasses online advertising, marketing and sales.
The marketers of a cognitive dietary supplement will pay $1.4 million in satisfaction of a settlement resolving Federal Trade Commission charges that they deceived consumers with claims that the supplement was clinically proven to significantly improve memory, mood and other cognitive functions. Under the terms of the settlement, the defendants will pay $1 million to the FT ...
Share ! tweet The Canadian Radio-television and Telecommunications Commission (“CRTC”) has announced that a Canadian commuter airline has agreed to pay a C$150,000 ($120,162) administrative monetary penalty for failing to fully comply with Canada’s new anti-SPAM legislation (“CASL”). The settlement represents that first time that CASL has address what is considered to be a non-flagrant breach.
Share ! tweet As recently blogged about here, FCC Chairman Wheeler recently announced a proposal to address backlogged petitions seeking clarity regarding the scope of the requirements under the U.S. Telephone Consumer Protection Act (“TCPA”). The FCC has now adopted heavily-debated changes to the TCPA rules designed to strengthen consumer protections.
Share ! tweet The Southern District of Alabama recently clarified that the treatment of offers for free goods and services is the same whether the call is made to a wireless number or a residential number and illustrated how a call offering free goods or services can become a “dual purpose” call. Bennett v. Boyd Biloxi, LLC (S.D. Ala. May 6, 2015).
Share ! tweet FCC Chairman Wheeler has announced that he is circulating a proposal to address more than twenty backlogged petitions seeking clarity regarding the scope of the requirements under the U.S. Telephone Consumer Protection Act (“TCPA”). He authored a blog post on the proposal and also released a fact sheet .