Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 MAY 2019

Sandy Hook Massacre Gun Makers Must Face Claims Under State UDAP Statute

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

That is to say, if these plaintiffs cannot test the legality of the defendants' advertisements…then no one can.

United StatesMedia, Telecoms, IT, Entertainment
Terri Seligman
Terri Seligman
Author LinkedIn connections

In March, The Connecticut Supreme Court issued a ruling in Soto v. Bushmaster Firearms International, et al. allowing private litigants' claims against the firearms makers brought under the Connecticut Unfair Trade Practice Act ("CUPTA"), the state's mini FTC Act, to proceed. 

Plaintiffs, the administrators of the estates of several victims of the mass shooting, alleged that advertising and marketing by the defendants was "unethical, oppressive, immoral and unscrupulous" within the meaning of CUTPA, and that this advertising and marketing promoted the illegal offensive use of the gun used in the killings. Specifically, plaintiffs alleged that the defendants sought to grow the market for their guns by extolling the militaristic and assaultive qualities of their AR-15 rifles and, specifically, the weapon's suitability for offensive combat missions.

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.

Register for freeORLog in

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.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

California Requires Disclosure Of AI-Generated People In Advertising

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.
United StatesMedia, Telecoms, IT, Entertainment
Foley Hoag LLP
Foley Hoag LLP
Article

FCC Tightens Equipment Rules

The Federal Communications Commission has adopted sweeping new restrictions targeting equipment containing components from entities on its Covered List, fundamentally reshaping how manufacturers, online marketplaces, and equipment modifiers must approach FCC compliance. These rules establish unprecedented prohibitions on logic-bearing hardware components, impose strict display requirements for e-commerce platforms, and clarify when existing authorizations can support equipment modifications.
United StatesMedia, Telecoms, IT, Entertainment
Steptoe LLP
Steptoe LLP
Article

FCC Revises TCPA Consent Revocation Rules: Exclusive Opt-Out Methods, Category-Specific Revocations, And Other Key Changes

The Federal Communications Commission has unanimously approved sweeping changes to its Telephone Consumer Protection Act consent revocation rules, fundamentally altering how businesses must handle consumer opt-out requests for calls and texts. These new regulations replace the controversial 2024 "revoke all" rule with more flexible options that allow companies to designate exclusive opt-out methods while distinguishing between marketing and informational messages.
United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
Article

The Ad Standard: Monthly Update - October 2026

Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.
United StatesMedia, Telecoms, IT, Entertainment
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Amway To Pay $225 Million Over Alleged False Earnings Claims And Fabricated Sales

The FTC and Washington state secured a record $225 million settlement from Amway and affiliated groups over allegations they misled recruits about earnings potential while pressuring them to buy products with little retail opportunity. The complaint reveals that over three-quarters of U.S. product volume was sold to IBOs themselves rather than retail customers, with fabricated sales reporting masking the recruitment-driven model. The settlement's injunctive provisions establish new standards for earnings cl
United StatesConsumer Protection
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

Selling Company Data For AI Training: What To Know Before You Say Yes

AI developers are seeking new sources of training data, including internal operational data like Slack messages, emails, and company documents. Companies are now receiving offers to sell their workplace data, but such transactions raise complex legal questions around data rights, privacy commitments, employee protections, and long-term competitive risks that require careful evaluation before proceeding.
United StatesPrivacy
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

FTC Issues Guidance On "Price Transparency" For Auto Dealers

The Federal Trade Commission has issued new guidance requiring auto dealers to display transparent, all-inclusive pricing in their advertisements, mandating that the advertised price must be the actual amount any consumer can pay, excluding only government-required charges. The comprehensive FAQ addresses critical questions about how dealers should handle document fees, online pricing displays, representative photos, and responsibilities shared between dealers, third-party advertisers, and OEMs.
United StatesConsumer Protection
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

California Legislation: End-Of-Session Check-In

California's legislature has sent a comprehensive package of privacy, AI, and advertising bills to Governor Newsom's desk, with decisions due by September 30, 2026. The legislation addresses sensitive personal information protections, data broker obligations, AI-powered chatbot regulations, and digital replica rights, potentially reshaping how businesses handle consumer data and automated decision-making systems. Will these bills become law and set new national standards for technology regulation?
United StatesPrivacy
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

Update Your App (Again): California's Digital Age Assurance Act Takes Effect January 1, 2027

California's Digital Age Assurance Act (DAAA) is set to fundamentally reshape how operating system providers and app developers handle age verification, with its January 1, 2027 effective date rapidly approaching. The law creates a comprehensive system where operating systems collect age information and provide age-band signals to developers, effectively eliminating the ability for companies to claim ignorance about whether their users are children.
United StatesPrivacy
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC