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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.

Showing 171 posts in Marketing and Advertising Law.

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 ›

Ethics, Disclosure and Best Practices

Andrew Lustigman to speak at IZEAFest 2015 on October 23, 2015. Read More ›

Recent Cases Highlight the Need at a Minimum to Carefully Review Underlying Substantiation Provided by a Supplier

As typically the consumer facing entity, the manufacturer has potential exposure from regulators and consumers alike for disseminating potentially unsupported claims. Read More ›

Sprint Agrees To Record FCC Fine For Do-Not-Call Violations

Sprint also agrees to preventative measures. Read More ›

FCC Excepts Package Delivery Companies From Prior Consent Requirement

FCC Creates Exception To TCPA’s Prior Express Consent Requirement. Read More ›

Google Defeats Class Certification For Allegedly Scanning Gmail Accounts

Court: the question of consent is often a fact-intensive inquiry and may vary with the circumstances of the parties. Read More ›

Yahoo! Unhappy With TCPA Ruling; Seeks Reconsideration

California court allows texting class action to proceed vs. search engine. Read More ›

Court Determines Taxi Company’s Texting System Is Not An Autodialer

In Gragg v. Orange Cab Company, decided on February 7, 2014 in the Western District of Washington, a class-action defendant accused of sending mass texting messages without prior consent was granted partial summary judgment on all claims under the Telephone Consumer Protection Act (TCPA). Read More ›

Third Circuit Reinstates Class Action Over Expiration Dates On Restaurant Gift Certificates

In Shelton v. Restaurant.com, decided on November 4, 2013, the Third Circuit Court of Appeals held that a one-year expiration date for a restaurant gift certificate violated a New Jersey statute with a cumbersome name, the Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). Read More ›

NAD Clarifies Standard for "Puffery"

The National Advertising Division, a specialized dispute resolution forum administered by the Council of Better Business Bureaus, recently clarified the standard for determining whether statements are mere "puffery," rather than unsupported superiority messages. Read More ›