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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Examine Your Terms and Conditions: New Jersey Sees A Flood of Class-Action Lawsuits

Marketers, it's important to dust off your terms and conditions.  2016 has seen a sharp spike in consumer lawsuits alleging violations of New Jersey’s awkwardly named Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq. (the “TCCWNA”). Read More ›

American Media Named in Latest Class Action over Subscriber Information Sales

Magazine publishers and list managers take note.  American Media is the latest magazine publisher to be hit with a class action lawsuit accusing it of violating subscribers’ privacy rights by selling information about them without written consent.  The suit is part of a growing trend, following similar allegations in the past year against leading media companies like Conde Nast parent company Advance Magazine Publishers Inc.,  Hearst Communications Inc. and Reader’s Digest publisher Trusted Media Brands, Inc., to challenge list rental practices under a long-ignored Michigan statute enacted in the wake of the Robert Bork Supreme Court nomination proceedings. Read More ›

Fantasy Sports put on hold in New York

Two largest operators agree to pause New York entries while legislature considers regulation Read More ›

Andrew Lustigman Quoted in Law360 Regarding FTC’s Lord & Taylor Settlement

Andrew Lustigman, head of the firm’s Advertising, Marketing & Promotions Practice Group, was quoted following the FTC’s Lord & Taylor settlement focusing on native advertisements and endorsements in the article, “FTC's Lord & Taylor Action Shows Perils Of New Ad Strategies,” published in Law360 on March 15, 2016. Read More ›

Andy Lustigman Quoted in Digiday on Virtual Reality, the Latest Ploy to Target Kids

Olshan Advertising Partner Andrew Lustigman was quoted by Digiday, a New York-based online publication that covers the digital marketing industry, on legalities involved in marketing junk food to kids through McDonald’s new VR Happy Goggles.  Read More ›

FTC Issues Annual Top 10 Consumer Complaints List

The Federal Trade Commission issued its annual list of consumer complaints received by its Consumer Sentinel Network.   Read More ›

Burberry, Coach Named in Latest Deceptive Pricing Class Actions

Luxury retailers Burberry and Coach were the latest retailers to be hit with class action lawsuits involving accusations of deceptive pricing and discount advertising of merchandise sold at their outlet stores.  The lawsuits are part of a growing trend focusing on allegations of deceptive outlet and discount store comparative pricing. Read More ›

Retailer Agrees To Eight-Figure Settlement Over Text Messaging Campaign

Abercrombie & Fitch sent text message to cell phone’s prior owner Read More ›