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  • Article

    Advertising Only The Highest-Priced Concert Tickets Isn't False Advertising

    UA had argued that Ticketmaster deceived the public by leading them to believe that no lower-priced tickets were available for the show.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Apple Requires Loot Box Odds Disclosure

    Advertising law practitioners may want to consider what a recent change in Apple video game developer rules means for the ever-popular "loot boxes."
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    BOGO? More Like ‘No Go’

    The Federal Trade Commission (FTC) recently brought its first case under the Restore Online Shoppers’ Confidence Act (ROSCA).
    United StatesMedia, Telecoms, IT, Entertainment
    ArentFox Schiff
    ArentFox Schiff
  • Article

    "Buy Now, Pay Later" Doesn't Mean "Buy Now, Pay MORE Later"

    Canada's Competition Bureau announced that it has reached a settlement with two furniture retailers over allegations that they misled consumers about their "buy now, pay later" promotions.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    California District Court Unplugs Duracell False Advertising Suit

    Recently, Judge Lucy H. Koh of the Northern District of California dismissed a putative class action claiming that Procter & Gamble and Gillette deceptively advertised Duracell Coppertop AA and AAA batteries.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Consumer Class Actions Brewing In Florida As Federal Courts Deny A Series Of Motions To Dismiss

    While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Enjoins California Marketers from Continuing Negative Option "Risk Free Trials"

    On June 16, the United States District Court for the Central District of California issued an ex parte temporary restraining order prohibiting certain marketing companies from continuing to offer "risk free trials."
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Don't Doom Your Crowdfunding Project With The FTC: Keep Your Promises

    The FTC asserted that Chevalier's promises about the project were deceptive under Section 5 of the FTC Act.
    United StatesMedia, Telecoms, IT, Entertainment
    Venable LLP
    Venable LLP
  • Article

    FTC Files ROSCA Charges Against Online Retailers Of Health-Related Products

    The Restore Online Shoppers’ Confidence Act ("ROSCA") was enacted in January 2011 to prohibit online retailers from charging consumers’ financial accounts unless they have clearly disclosed all material terms associated with their subject products or services and obtained consumers’ express informed consent to bill for those products or services.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    FTC Goes Seal Hunting: Issues Warning Letters About Green Seals

    No, PETA will not be in an uproar. But if you certify Green claims or use someone else's certification on your products you may want to continue reading.
    United StatesMedia, Telecoms, IT, Entertainment
    Venable LLP
    Venable LLP
  • Article

    FTC Order Violation Results in Big Damages for Bed Bug Product Seller

    A seller of products that the FTC said were deceptively marketed to stop and prevent bed bug infestations has learned the hard way that defying an FTC consent order can have major consequences.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    FTC Sues Amazon For Alleged In-App Purchasing Scheme Targeting Children

    The Federal Trade Commission ("FTC") recently sued Amazon.com ("Amazon") in the action captioned Federal Trade Commission v. Amazon.com, Inc., Case No. 14-CV-1038 (W.D. Wash.), for an alleged scheme involving deceptive in-application charges.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Going Native - What You Need To Know About The FTC's Recent Guidance On Native Advertising

    Digital advertisers innovate new techniques to reach customers at a speed that, for the most part, outstrips the ability of the US government to regulate.
    United StatesMedia, Telecoms, IT, Entertainment
    Sullivan & Worcester
    Sullivan & Worcester
  • Article

    In Upholding The Constitutionality Of The TCPA, Court Narrowly Construes Autodialer Definition

    The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act ("TCPA") in an action involving the alleged use of an autodialer in calling the plaintiff’s mobile phone seeking paid participation in a survey.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    NAD Says A Disclosure Can't Fix A Misleading Product Demonstration

    When Dreame Technology advertised hair styling products claiming to dry shoulder-length hair in two minutes while showing models with much longer hair, competitor Dyson challenged the messaging at the National Advertising Division. The case explores whether visual imagery in advertising can contradict express claims and whether disclosures can cure potentially misleading impressions created by product demonstrations.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Restore Online Shoppers’ Confidence Act Becomes Law, Imposing New Requirements on Post-Transaction Marketers

    On December 29, 2010, President Obama signed into law the Restore Online Shoppers’ Confidence Act (the "Act"), which requires online post-transaction marketers to follow certain rules before they can bill a consumer’s credit card. Such marketers have typically offered online shoppers the chance to enroll in membership programs immediately after making an online purchase at a retail site.
    United StatesMedia, Telecoms, IT, Entertainment
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    SEC Cracks Down On Marketing Rule Violations: Takeaways For Investment Advisers

    On Aug. 9, 2024, the Securities and Exchange Commission initiated administrative and cease-and-desist proceedings against a U.S. registered investment adviser (the Adviser).
    United StatesMedia, Telecoms, IT, Entertainment
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Serious Games Require Serious Attention To Marketing Statements

    Lumos Labs recently paid $2 million to the FTC to settle claims that it deceived consumers about its brain training application's ability to increase cognitive function.
    United StatesMedia, Telecoms, IT, Entertainment
    Sheppard
    Sheppard
  • Article

    Snack Time: Court Finds Prominent Pictures Of Produce On Fruit Snacks Not Deceptive

    The issue was whether the product packaging misled consumers into believing that these four foods constituted the primary ingredients of the snack.
    United StatesMedia, Telecoms, IT, Entertainment
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sweepstakes Marketer Banned From Iowa And Required To Refund Consumers

    Last Monday, the Iowa Attorney General's Office announced that it has settled its concerns with Florida-based Tactical Marketing Inc. d/b/a Prize Research Agency and Prize Finders Network, as well as the company's owner and president, Mr. Raymond Jastrzemski.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Showing 381–400 of 1154 results

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