As many readers of this blog know, “keyword advertising” is an online marketing tool whereby advertisers purchase a keyword or phrase from internet search engine providers, especially Google. When a consumer searches for a term that has been purchased, the search returns sponsored links, typically marked as “Ad,” “Sponsored” or “Promoted,” as the top results, above even those results generated by the search engine’s algorithm.
As reported in The New Jersey Law Journal (subscription required), Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a class-action lawsuit filed under New Jersey’s Consumer Fraud Act.
Marketers, it's important to dust off your terms and conditions. 2016 has seen a sharp spike in consumer lawsuits alleging violations of New Jersey’s awkwardly named Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq. (the “TCCWNA”).
A recent series of rulings will likely trigger an avalanche of class action lawsuits over unwanted text messages and robocalls, particularly in the State of New Jersey.