Advertising law Blog

FTC Announces Workshop on Negative Option Marketing Programs

Andrew B. Lustigman — Tue, 26 Dec 2006 09:00:01 -0500

The FTC has announced a January 25, 2007 workshop on marketing programs with negative option features.

Chase/Trilegiant Settlement Sets New Standards

Andrew B. Lustigman — Tue, 19 Dec 2006 09:00:02 -0500

Sixteen state attorneys general, led by California, jointly announced $14.5 million dollar settlement agreements on December 12, 2006 with Chase Bank and Trilegiant Corp. concerning their direct mail practices.

Invitation: Upcoming Conference on E-mail Law and Self-Regulation

Tue, 19 Dec 2006 09:00:03 -0500

When Spam Isn't Spam: An Unfiltered Look at Self-Regulation and the Law Behind E-mail

Living in a Virtual World

Andrew B. Lustigman — Tue, 12 Dec 2006 09:00:04 -0500

Second Life was clearly generating the most buzz at the 28th Annual Promotion Marketing Law Conference in Chicago on December 12th. Second Life http:/www.secondlife.com is a massive multiplayer online role-playing game (MMORPG), where players create avatars that interact with each other in a large virtual world.

Lustigman to Discuss Direct Marketing Law Development at PMA Law Conference

Andrew B. Lustigman — Wed, 06 Dec 2006 09:00:05 -0500

Andrew Lustigman will be leading a roundtable discussion on Direct Marketing Law at the Promotion Marketing Association Annual Law Conference on December 11, 2006 in Chicago.

Post-Conference Report from Copenhagen and Upcoming Conference on E-mail and Spam

Wed, 06 Dec 2006 09:00:06 -0500

I write this from the departure gate at Kastrup Airport in Copenhagen, from which I am returning after presenting my paper "Busting Blocks: Appropriate Legal Remedies For Wrongful Inclusion In Spam Filters Under U.S. Law" at the International Conference on Business, Law and Technology.

Rebate Laws Generate Confusion

Andrew B. Lustigman — Thu, 23 Nov 2006 09:00:07 -0500

As the holiday shopping season kicks into full gear, many businesses seek to offer consumers rebates on the product's purchase price.

Wall Street Seeks To Learn From and Influence FTC Rulemaking

Andrew B. Lustigman — Wed, 15 Nov 2006 09:00:08 -0500

I am amazed by a front-business page New York Times story - Why Short Sellers Want to Crash The Tupperware Party -- reporting that investors are short selling positions in companies such as Avon Products, Herbalife, and Pre-Paid Legal because of pending Federal Trade Commission rulemaking on business opportunity programs. Wall Street is not only seeking to read tea leaves, but some investors are going so far as to try to influence the promulgation of the regulation in order to advance the value of their short positions.

Jane Pauley Sues Over Ad Supplement In NYT

Andrew B. Lustigman — Thu, 02 Nov 2006 09:00:09 -0500

Jane Pauley, the television news anchor has sued The New York Times and DeWitt Publishing, alleging she was misled to believe she was being interviewed for an article on mental health when she actually was being featured in a special advertising supplement.

Web 2.0 Promotions

Andrew B. Lustigman — Tue, 31 Oct 2006 09:00:10 -0500

Promotions are constantly embracing the latest technology and trends in an effort to capture the public's attention. Currently, Web 2.0 is shaping the Internet and is a driving force behind many promotions. Creating a "Web 2.0 Promotion" presents many new legal challenges that must be considered and carefully evaluated.