Posts from May 2010.

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.

The Federal Trade Commission announced that it is further extending its deferral of enforcement of the Identity Theft Red Flags Rule through December 31, 2010...

Why should companies care about claims being made about their products in social media?

Mobile marketing is different from any other form of marketing because it requires express consent, or opt-in, from consumers to be able to contact them.

A class-action lawsuit filed by a football fan angered over one team's documented cheating has been dismissed on the basis that the fans did not suffer any loss by watching an NFL game that was not played according to the rules.

On May 19, 2010, Senator Rockefeller (D-W. Va.), head of the Senate Commerce Committee, introduced draft legislation that would ban certain internet sales tactics and restrict others.

By Frank Hernandez*

Frank Sarcona of West Palm Beach, Florida, was recently sentenced to 20 years in prison by the Federal Court for the Southern District of Florida.

On May 26, 2010, Andrew Lustigman will co-present at the ACI 4th National Advanced Forum on Financial Services Marketing Compliance on Alleviating Privacy Concerns Associated with Behavioral Targeting.

Visa announced that it is placing restrictions on "data pass," in which a consumer's credit card information is shared to process for additional merchants who offer online upsells without the re-entry of credit card data.

By Frank Hernandez*

SMS text message marketers beware.

By Frank Hernandez*

An upcoming California law, taking effect on December 1, 2010, will be imposing tougher restrictions on those who offer services with automatic renewals or on a continuous basis.

The FTC made public its first investigation into a company's relationship with bloggers by deciding not to take action in a case with women's retailer Ann Taylor.

The recently proposed federal privacy legislation sponsored by Rep. Boucher (D-Va) and Rep. Stearns (R-Fla) seeks to create...

The FTC's Red Flags Rule (, which requires covered organizations to implement a written identity thefts prevention program, is slated to go into effect on June 1, 2010.


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