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.
Last summer, e360 Insight, an e-mail direct marketer, brought a lawsuit against UK-based block list Spamhaus alleging defamation, tortious interference with contract and prospective economic advantage, and other claims.
Follow up regulatory action to that undertaken by the New York Attorney General previously reported in this blog, the Washington Post reports that the FTC is sending letters to approximately 200 major corporations whose ads the FTC believes to have run through deceptively installed spyware.
A Georgia class action filed by an individual who played "Get Rich With Trump"-- a companion game to the popular "The Apprentice" television show -- by entering via a premium SMS, illustrates potential risks utilizing entry methods that have a fee associated with the use.
In the wake of growing legislation restriction payday lending, the Community Financial Services Association of America (CFSA) recently announced voluntary changes to its industry best practices.
On February 7, 2007 the Federal Trade Commission issued its annual report, Consumer Fraud and Identity Theft Complaint Data on fraud complaints consumers have filed with the agency during 2006.
As previously discussed in this blog, the FTC held a workshop on negative option marketing. Now, the panelists' presentation materials from the FTC's workshop analyzing marketing of goods and services utilizing negative options are online.
As previously discussed in this blog, advertisers' growing reliance on rebates to offer sale prices is leading state lawmakers to consider legislation governing how rebates can be advertised and handled resulting in a mish mash of legislation that is confusing to both businesses and consumers.
On January 29, 2007 the New York Attorney General announced separate settlements with three major online advertisers for promoting products and services on the Internet through deceptively installed programs known as "adware." The agreements, with Priceline, Travelocity, and Cingular Wireless mark the first time an Attorney General has held advertisers responsible for ads displayed through adware.
FTC Requests Public Comments on Endorsement Guides
A recent lawsuit (Gorran v. Atkins Nutritionals, Inc.) decided in federal court in New York City rejected the claim of a fed-up dieter who blamed the diet he followed for causing him heart problems in part, on First Amendment grounds.