Posts from February 2012.

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 announces proposed changes to two parts of the procedures that govern the way the agency operates.

On February 15, 2012, the FCC revised its rules to completely eliminate the established business relationship exemption for pre-recorded and artificial voice calls and to require prior express written consent for all telemarketing calls to wireless numbers.

The General Counsel of the National Labor Relations Board ("NLRB") released a report on January 24, 2012 summarizing its decisions in recent unfair labor practice cases involving employer responses to employee use of social media.

The Supreme Court has ruled that the Federal Arbitration Act trumps the Credit Repair Organizations Act, and consumers who agree to terms containing an arbitration clause have waived their right to sue in court.

In response to industry confusion on how promoters of mobile applications should deal with privacy issues, the Mobile Marketing Association recently released its Final Privacy Policy Guidelines for Mobile Apps.

The National Advertising Division of the Council of Better Business Bureaus recommended that a retailer discontinue its pricing comparison claims as they relate to suggested retail pricing.

What happens when an employee amasses numerous "followers" on Twitter and then leaves the company and begins "tweeting" for a competitor?

In the United States if a trademark is not in use, an applicant can still apply for a federal trademark application based on a bona fide intent to use the trademark in commerce.

An interesting opinion letter issued by the United States Department of Justice's Office of Legal Counsel may pave the way for legalized online gaming in the United States.

The FTC and the Consumer Financial Protection Bureau have now entered into a Memorandum of Understanding outlining how the agencies plan to collaborate with each other in regulation of the non-bank financial sector.


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