Posts from August 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.

On August 26, 2010, the Oklahoma Tax Commission enacted emergency regulations under state law HB 2359, a new law that includes sales tax obligations for out-of-state retailers, which went into effect on July 1, 2010.

In its first announced enforcement action arising out last year's revised Guides Concerning the Use of Endorsements and Testimonials in Advertising, the FTC has agreed to settle a case brought against Reverb Communications, a P.R. agency.

The FTC recently filed a complaint and obtained a temporary restraining order issued against a telemarketing operation that allegedly made millions of illegal phone calls.

Following on the heels of increased class action activity, state legislatures are increasing the focus on attacking allegations of cramming.

At a recent Congressional hearing, Federal Trade Commission Chairman Jon D. Leibowitz said that the agency is considering assessing the viability of a do-not-track list for online advertising modeled on the national "do not call" list utilized in telemarketing.

The Federal Trade Commission has announced sweeping amendments to the Telemarketing Sales Rule that significantly restricts the marketing of what it broadly characterizes as "debt settlement" programs.

As we had first mentioned in April 2010 after our ABA Roundtable on Social Media Law, the FTC is conducting a review of its rules under the Children's Online Privacy Protection Act of 1998 ("COPPA"), to determine whether changes to technology since its adoption warrant changes to the rule.

On September 23, 2010, The Lustigman Firm, P.C. attorney, Sheldon Lustigman, will present with Len Gordon, Northeast Regional Director of the Federal Trade Commission at ACI's 4th Annual Focus on Sweepstakes, Contests and Promotions.


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