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  • Article

    The Obesity Drug Wars: Now It's About The Advertising

    Novo Nordisk has taken Eli Lilly to court in the United States, alleging that Lilly's weight-loss drug advertisements misleadingly compare the highest doses of its own medicines against lower doses of Novo's products...
    United StatesIntellectual Property
    ENS
    ENS
  • Article

    Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim

    Hope Gamble sued New England Auto Finance, Inc. in federal court under the Telephone Consumer Protection Act
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Massachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

    The Massachusetts Consumer Protection Act (Chapter 93A) protects consumers against unfair or deceptive business practices and allows consumers, under certain circumstances, to bring class actions...
    United StatesLitigation, Mediation & Arbitration
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Appeals Court Sides With FTC In POM Wonderful Advertising Case

    On January 30, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld claims of false advertising by POM Wonderful LLC.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    Energy And Commerce Committee Democrats Advance 13(b) Reform Legislation Through Subcommittee

    On May 27, the House Energy and Commerce Committee's Subcommittee on Consumer Protection and Commerce advanced by voice vote H.R. 2668, legislation to clarify the Federal Trade...
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Flu Shot Reminder Text Message Didn't Violate TCPA

    In the continuing battle between would-be class action plaintiffs and entities relying on text messaging to communicate with consumers (and, here, patients), the Second Circuit ...
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Podcast

    FTC Finalizes Rule On ​"Fake Review" (Podcast)

    Yesterday, the Federal Trade Commission announced its final rule addressing consumer reviews and testimonials.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FTC Refunds Victims Of Tech Support Scam

    The Federal Trade Commission (FTC) mailed over $668,000 in the form of 3,791 refund checks to victims of a tech support scam last month.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    FTC Stops Another Deceptive Work-From–Home Business Coaching Scheme

    The Federal Trade Commission ("FTC") recently charged two Utah individuals and their telemarketing operation with violating the FTC Act and the FTC's Telemarketing Sales Rule ...
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    FTC’s New Chief Technologist Outlines Regulatory Agenda

    The FTC recently named Ashkan Soltani as its newest Chief Technologist. In this role, Soltani will serve as the agency’s top regulator on a variety of issues involving technology and consumer protection.
    United StatesMedia, Telecoms, IT, Entertainment
    ArentFox Schiff
    ArentFox Schiff
  • Article

    Get Ready For Changes To Fair Packaging And Labeling Act Regulations

    There's news for consumer product manufacturers, packagers and distributors. On January 22, 2015, the FTC proposed to amend its Fair Packaging and Labeling Act ("FPLA") rules.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    HUD Files Administrative Complaint Alleging Facebook's Housing Ads Are Discriminatory

    HUD announced the filing of its complaint in a statement of interest in an existing lawsuit brought by housing advocacy groups against Facebook in March of this year.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    NYC DCA Settles Charges Over Use Of Promo Codes

    In December, the New York City Department of Consumer Affairs ("DCA") entered into a settlement with Brooklinen, a bedding company.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Subway Turns Back Class Action Over Free Sandwich Text Message Promotion

    Subway scored a recent victory when a federal court dismissed a putative class action brought by two customers over a free sandwich promotion alleging violations of the Telephone Consumer Protection Act ("TCPA") after allegedly receiving a text message offering a free 6" Oven Roasted Chicken sub.
    United StatesMedia, Telecoms, IT, Entertainment
    Reed Smith
    Reed Smith
  • Article

    Walmart Sued Over Egg Claims

    Walmart was sued this week in federal court in California over claims that it misled consumers about the source of its Organic Marketside brand of eggs.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    What Are "Ancient Grains"?

    A lawsuit was recently filed alleging that Majans America misled consumers by marketing its snacks as "Ancient Grain Twists."
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    When Puffery Gets Sticky

    When does a marketing slogan cross the line from harmless puffery to a claim requiring substantiation? NAD's recent decision involving Howies Hockey's "World's Highest Quality" advertising demonstrates how context transforms the same statement from acceptable boasting into an objective claim that demands proof.
    United StatesMedia, Telecoms, IT, Entertainment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Identity Protection Company Enters $100M Settlement With FTC Over Violation Of 2010 Order

    On December 17, 2015, the FTC issued its largest monetary award ever. An identity theft protection company, LifeLock, agreed to pay consumers $100M to settle FTC charges...
    United StatesPrivacy
    Jones Day
    Jones Day
  • Article

    Including Canada? Make Sure Your E-Mail Policies Cover Canada’s Newest Spam Law

    One of the world’s most consumer protective spam laws recently went into effect in Canada on July 1, 2014, and many companies operating outside of Canada are learning that the law also impacts them because of how broadly it is drafted.
    United StatesPrivacy
    ArentFox Schiff
    ArentFox Schiff
  • Article

    One Year Later: Consumers Can Proceed Against Target in Data Breach Lawsuit

    On the one-year anniversary of Target’s announcement that it had suffered a massive data breach, Judge Magnuson in the District of Minnesota cleared the way for a consumer class action against the retailer to move forward into discovery.
    United StatesPrivacy
    Reed Smith
    Reed Smith

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