Advertising Law Blog

District of New Jersey Judge Renee Marie Bumb has placed an unusual requirement the Federal Trade Commission as a condition for approving a settlement the FTC wants to enter into with the marketers of a weight loss supplement.

Sanity has prevailed in a Southern California lawsuit concerning the sending of text messages. A lawsuit claiming that the simple acknowledgment of an opt-out request violated the Telephone Consumer Protection Act (TCPA) was dismissed.

A federal appeals court affirmed that companies using automated dialers can be sued for calling a telephone number, even if they had permission to call the number from the prior subscriber to that phone number.

A group that sells discounted medical services won a substantial legal victory in the District of New Jersey, gaining a full dismissal of a $100 million telemarketing lawsuit filed by Verizon and OnStar, the car phone service.

A recent case provides three valuable lessons to advertisers involved in proceedings before the National Advertising Division of the Better Business Bureau (commonly referred to as the NAD).

Google and co-defendant Slide, Inc. will have to defend a class-action lawsuit in the Northern District of California after Judge Yvonne Gonzalez Rogers denied a motion to dismiss based on First Amendment grounds.

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 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.

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.

The United States Supreme Court has spoken, and the doors of federal courthouses are now fully open to anyone wishing to sue telemarketers under the Telephone Consumer Protection Act (TCPA).

The Chief Justice of the United States Supreme Court, John Roberts remarked, "this is the strangest statute I have ever seen." He was talking about the Telephone Consumer Protection Act, or TCPA.

By now, any company that provides consumers with terms and conditions covering the terms of sale should be aware of the Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion. That decision, issued earlier this year, enforced an arbitration clause and a class action waiver provisions to prevent dissatisfied consumers from filing class actions or even suing at all.

President Obama, as part of his plan for economic growth and deficit reduction, is proposing to relax a portion of the Telephone Consumer Protection Act as applied to government debt collection efforts.

A suggestion that all direct marketers should follow: when a disgruntled customer asks for a refund, give it.

On August 10, 2011, Badie Jaber, a California resident, filed a class action lawsuit against NASCAR alleging she received an unsolicited text message from the auto racing federation.

Yesterday, the United States Supreme Court agreed to resolve a dispute concerning the Telephone Consumer Protection Act ("TCPA"), a federal law regulating unsolicited faxes and telephone calls to cell phones and numbers on the Do Not Call list.

These days, class-action lawsuits for illegal telemarketing calls are popping up like weeds or flowers (depending on your perspective) in a spring garden. The statute in question, the Telephone Consumer Protection Act, or TCPA, holds not only the caller responsible for illegal calls, but in some cases, the party on whose behalf the call was made.

A Missouri tattoo artist named S. Victor Whitmill sued the studio producing the eagerly anticipated movie The Hangover II because, get ready for this, the movie and its promotional material includes reproductions of the tattoo that Whitmill inked onto the face of boxer-turned-thespian Mike Tyson.

Gutierrez v. Barclays Group is a class action filed in federal court in the Southern District of California under the Telephone Consumer Protection Act (47 U.S.C. 227).

A recent federal court ruling in the Southern District of New York was a blow to plaintiffs who seek to sue telemarketers under the Telephone Consumer Protection Act ("TCPA").

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.

Companies charging their customers annual membership fees should take notice of a recent lawsuit that cost retail giant Costco quite a bit of money.