Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions

Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions. Read More ›

Andrew Lustigman to Present CLE Webinar on June 26th on Social Media Marketing for Lawline

Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman will present a live webinar for Lawline.com, an online CLE platform, on June 26^th. Topics that Mr. Lustigman will explore include an examination of recent developments in social media marketing (with a particular focus on brands and influencers who utilize social media to promote goods and services), a review of the various regulations that govern social media marketing, and how to develop the best practices for compliance in light of the latest legal developments. CLE credits will be awarded for participation in the presentation.

You can register for this webinar here.

Florida AG Sues Popular Miami Restaurants for Deceptive 'Farm-to-Table’ Claims

Florida Attorney General Pam Bondi filed a complaint in Miami-Dade County Circuit Court in May against a popular Miami-based restaurant operator for supplying non-locally sourced or sustainable ingredients despite claims to the contrary. Read More ›

Sweepstakes Copywriter Receives 36-Month Prison Sentence for Role in Direct Mail Scheme

One of the early guilty pleas in the government’s crack-down on allegedly fraudulent sweepstakes and astrology direct marketing campaigns has received a 36-month prison sentence. This sentence against a supplier reflects the serious nature of the government’s investigation into these matters. Read More ›

Venmo FTC Settlement Highlights Safeguard and Privacy Representation Risks

The FTC recently announced that it has given final approval to a settlement with PayPal, Inc. over allegations that Venmo, its peer-to-peer payment service, misled consumers about their ability to transfer funds to external bank accounts and control the privacy of their transactions.  Read More ›

Olshan to Present Consumer Protection Update on June 18th Hosted by ABA

Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Tamara Carmichael, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.

You can register for this presentation here.

New FTC Leadership

On April 26, 2018, the Senate unanimously confirmed all its nominees to the Federal Trade Commission (“FTC”), allowing the FTC to regain full strength for the first time since President Trump took office. In the months since President Trump’s inauguration, the FTC has been operating with just two Commissioners. Read More ›

NARB Reaches Same Conclusion as NAD on Mascara Volume Claims, Recommending Discontinuance of Claims

A panel of the National Advertising Review Board (“NARB”) has recommended that Too Faced Cosmetics, LLC (“Too Faced”) discontinue both a claim that its mascara provides for “1,944% more volume” and “before” and “after” photographs displayed on product packaging and online videos advertising their “Better Than Sex” mascaras. Read More ›

Class Action Lawsuit Filed Against PCH Relating To Sweepstakes Marketing Practices

Wright, et al v. Publishers Clearing House, Incorporated and Publishers Clearing House, LLC (EDNY April 23, 2018) Read More ›

Leading Internet Case Law Publishes Article by Andrew Lustigman and Morgan Spina on Copyright Infringement for Embedded Photos

Andrew Lustigman and Morgan Spina published an article in Leading Internet Case Law entitled “Court Rules Embedded Photos on Websites May Constitute Infringement.” Read More ›