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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.

Business Sues Telemarketer In Wake Of Costly Class Action

Telemarketer’s Do Not Call Violations Cost Business $6 Million Read More ›

Presidential Candidate Must Defend TCPA Lawsuit Over A Recorded Script

Eighth Circuit Rules On “Survey” Used To Promote Movie Read More ›

RadioShack Bankrutpcy Deal to Sell Customer Data is a Cautionary Tale for Companies

As part of its recent bankruptcy proceeding, RadioShack sought to auction off its vast collection of personal information about its customers. However 38 states and the FTC objected to the sale on the grounds that it violated RadioShack's existing privacy policy. The limitations on the transfer of data RadioShack agreed to in an eventual deal with the states shows that companies need to be forward thinking regarding future transfers of data when crafting their data privacy policies. Read More ›

FTC Issues New Social Media/Endorsement Guidance

The FTC recently updated its Endorsement Guides FAQs, entitled “The FTC’s Endorsement Guides: What People Are Asking”. As advertisers increasingly rely on third parties to promote their products and services, the revised FAQs provide guidance as to appropriate disclosures and compliance obligations that should be considered in connection with such marketing efforts. This highlights the revisions to the FAQs and discusses key steps advertisers should take to support their compliance efforts.   Read More ›

Legal landscape for cybersecurity risk is changing as federal government and SEC take action

Olshan Partner Andrew Lustigman and Associate Mason Barney Discuss Recent Actions for how Companies Approach Cybersecurity. Read More ›

POM Petitions D.C. Circuit for Rehearing on FTC Action

Despite obtaining an appellate ruling rejecting an across the board fixed substantiation requirement and an endorsement of first amendment rights to truthful promote certain health claims, POM is now seeking a rehearing from the broader appellate court on the issue of the constitutionality of POM’s advertising. While such a challenge is a long shot, the stakes are high for the FTC and marketers alike. Read More ›

Supreme Court To Consider An Appeal That Could Greatly Impact TCPA Litigation

Oral arguments scheduled for October; Decision likely in 2016 Read More ›

Court Rules Against Affiliate Marketing Network

A District Court has ruled that LeadClick Media, an affiliate marketing network, and its parent company, CoreLogic, Inc., must turn over $16 million they received from Leanspa LLC, an advertiser that sold purported weight-loss products. Read More ›