Advertising law Blog

The importance of clear and conspicuous disclosures in national advertising and social media campaigns

Andrew B. Lustigman — Wed, 24 Dec 2014 09:00:01 -0500

The sufficiency of the advertisements should be evaluated by analyzing whether they pass the four P’s test.

Privacy Groups Tells FTC That Topps’ Ring Pop Contest Violated COPPA

Wed, 10 Dec 2014 09:00:02 -0500

Complaint says Ring Pop promotion violated children’s privacy law, serves as an important reminder of COPPA.

Legal Pitfalls in Utilizing Intellectual Property in Social Media

Andrew B. Lustigman — Tue, 09 Dec 2014 09:00:03 -0500

Ascertaining whether the appropriate rights have been secured need to be carefully considered, even if the marketer is seeking to act in real time.

Even grown-up apps need to think about children’s privacy

Andrew B. Lustigman — Tue, 25 Nov 2014 09:00:04 -0500

Inside Counsel article on COPPA Ramifications.

Can online reviews provide substantiation for superiority claims?

Andrew B. Lustigman — Fri, 21 Nov 2014 09:00:05 -0500

Inside Counsel article on using online reviews as advertising

Eleventh Circuit Expands TCPA Definition of “Sender” Beyond Usual Understanding of That Term

Scott Shaffer — Fri, 14 Nov 2014 09:00:06 -0500

Court rules that a person does not have to actually send a fax in order to be considered the legal sender.

Shaffer Comments on FCC’s TCPA Order in Law360

Scott Shaffer — Fri, 07 Nov 2014 09:00:07 -0500

FCC clarifies a confusing TCPA provision, leaving businesses hoping for clarity on other points.

TCPA: The Right Consent for the Right Message

Andrew B. Lustigman, Scott Shaffer — Wed, 29 Oct 2014 09:00:08 -0400

Compliance with the TCPA consent requirements remains a daunting task fraught with peril.

Lustigman Discusses Social Media Issues on The Peter Tilden Show

Andrew B. Lustigman — Thu, 16 Oct 2014 09:00:09 -0400

Andrew Lustigman discusses legal issues and recent cases in social media.

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

Andrew B. Lustigman — Thu, 16 Oct 2014 09:00:10 -0400

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