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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.

FCC Proposes Stricter Anti Slamming and Cramming Rules

The Federal Communications Commission (FCC) is seeking comments on proposed rules regarding carrier phone changes and charges for additional services. Read More ›

Class Decertified in TCPA Junk Fax Case

Issue of Ascertainability Blocks Plaintiff From Proceeding On Class Basis Read More ›

UPDATE: Influencers Continue to Post Sponsored Content to Social Media Without Adequately Disclosing that the Post Is a Paid Advertisement

In April, the Federal Trade Commission (FTC) sent out 90+ letters to brands and influencers, notifying the parties of their obligations to disclose material connections in sponsored social media posts. Read More ›

Kokesh v. SEC: Potential Impact of Supreme Court Decision on FTC’s Restitution Practices

The FTC has increasingly relied on equitable monetary remedies (such as disgorgement based on gross revenues less returns) to avoid the applicability of an analogous statute of limitations defense.  The Supreme Court’s recent decision in Kokesh v. SEC  may change that practice. Read More ›

FTC Updates COPPA Compliance Plan

The Federal Trade Commission (FTC) has recently updated its compliance plan for businesses regarding the Children’s Online Privacy Protection Act (COPPA). Read More ›

Fireside Chat with FTC Acting Bureau of Consumer Protection Director, Tom Pahl

On June 29, 2017, the ABA Section of Antitrust Law, Economics Committee hosted a Fireside Chat with FTC Acting Bureau of Consumer Protection Director, Tom Pahl.  The program offered an insightful behind the scenes view of the Bureau’s priorities now and in the future.   Read More ›

Scott Shaffer Quoted in New York Law Journal and Law360 on Second Circuit’s TCPA Ruling

The Second Circuit rules in favor of companies in the question of consumers' permission revocation. Read More ›

Second Circuit: You Cannot Withdraw Contractually Given Consent

TCPA ruling in conflict with prior case law Read More ›

Andrew Lustigman to Speak at ACI’s 29th National Conference on Consumer Finance Class Actions & Litigation

Andrew Lustigman will speak at American Conference Institute's 29th National Conference on July 24 in Chicago Read More ›

Jelly Belly Sued for Failing to Adequately Disclose the Presence of Sugar in Its “Sports Beans”

With consumers ever more ingredient-conscious, brands must be careful of how they describe them, particularly when the product may be positioned as a “healthy” version. Read More ›