Share on LinkedInShare on LinkedIn

ARTICLE · 26 FEBRUARY 2019

Is That Disclaimer Working?* (*No.)

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Contributor
Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

Arguing that the solicitations violated New York State law, the NYAG moved for summary judgment.

United StatesMedia, Telecoms, IT, Entertainment

Several years ago, the New York Attorney General sued Orbital Publishing Group and other defendants alleging that they marketed magazine subscriptions and renewals in a misleading manner.  The NYAG alleged that the defendants deceived consumers by soliciting magazine subscriptions and renewals through mailings that made it appear that the solicitations came from (or were authorized by) the publishers themselves, which was not the case.

A typical solicitation would have the publication's name on it, along with other official-sounding phrases, such as "control number," "please return by," and "Publishers Billing Center."  The NYAG alleged that, not only did the defendants not have authorization to send the mailings on behalf of the publishers, they charged significantly more for the subscriptions than the publications themselves charge -- and kept the difference.  

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

See more popular content from