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Recent Posts
- FTC Announces “Dark Patterns” Virtual Workshop
- Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
- Customer Reviews Matter
- NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)
- FTC Chairman Joseph Simons Announces Resignation; Commissioner Rebecca Kelly Slaughter Designated Acting Chair; Staff Reshuffling
- Olshan Presents Consumer Protection Update Webinar Hosted by ABA
- NYSBA Inside Publishes Article by Lustigman and Spina on NY’s New Automatic Renewal Law
- First Circuit Ruling Limits Wire Act’s Control Over Lottery, Online Gaming
- Law360 Publishes Article by Scott Shaffer on the Uncertain Future of the TCPA
- Andrew Lustigman Quoted in Law360 on the FTC’s Ability to Seek Monetary Restitution
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Advertising Law Blog
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.
FTC Announces “Dark Patterns” Virtual Workshop
Dark patterns, an increasingly popular ecommerce marketing technique, seek to encourage users to make a particular purchasing decision. They are also the subject of increasing regulatory scrutiny, including the FTC’s ABC Mouse enforcement action. Read More ›
Engaging Experts Podcast Interviews Andrew Lustigman on False Advertising Disputes
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was interviewed on Round Table Group’s Engaging Experts podcast in an episode entitled “How to Effectively Deal With False Advertising Disputes.” The episode explores various options for responding to false advertising claims and examines the variety of directions a business can take regarding an advertising dispute. Topics include how lawsuits concerning false representations have been filed under the Lanham Act, the founding of the National Advertising Division (NAD), strategies in a well-constructed cease and desist letter, and more. Read More ›
Customer Reviews Matter
In this age of online advertising, independent reviews by customers have become a crucial marketing tool for many businesses. Having “5-star” customer reviews is worn like a badge of honor, and companies can boast of their high customer ratings in an effort to attract other customers who look to such reviews for confirmation of the reputation of a company or the high quality of its goods or services. Given the value of such reviews, customer reviews have become subject to falsification and manipulation by companies seeking to boost their ratings and attract other customers. Such actions, however, can result in liability for false advertising, and two recent cases highlight the serious liability a company that falsifies and manipulates reviews can suffer. Read More ›
NAD Reviews Portable UV-C Light Product Advertised on TV (Case #6426, 12/10/20)
In a quintessential Covid-era case, following part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) requested substantiation for claims made by Ontel Products Corporation in respect of its “Safe & Healthy” branded portable UV-C sanitizing light. Read More ›
FTC Chairman Joseph Simons Announces Resignation; Commissioner Rebecca Kelly Slaughter Designated Acting Chair; Staff Reshuffling
The change in the Presidential administrations also brings a change at the Commissioner and senior staffing levels at the Federal Trade Commission (FTC), as well as other agencies. Read More ›
Olshan Presents Consumer Protection Update Webinar Hosted by ABA
Olshan Advertising attorneys Andrew Lustigman, Scott Shaffer, Tamara Carmichael, Mary Grieco and Morgan Spina presented a webinar for the Consumer Protection Monthly Update hosted by the American Bar Association Antitrust Law Section. Read More ›
NYSBA Inside Publishes Article by Lustigman and Spina on NY’s New Automatic Renewal Law
Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman and associate Morgan Spina have authored an article published in NYSBA Inside entitled “Check Your Enrollment Path: New York Enacts Comprehensive Automatic Renewal Law.” Read More ›
First Circuit Ruling Limits Wire Act’s Control Over Lottery, Online Gaming
Court of Appeals Issues Legal Victory for States Challenge to Department of Justice Read More ›
Law360 Publishes Article by Scott Shaffer on the Uncertain Future of the TCPA
Law360 has published an article authored by advertising partner Scott Shaffer entitled “TCPA Future Uncertain After A Tumultuous 2020.” In the article, Mr. Shaffer discusses the legal developments that occurred during last year regarding the Telephone Consumer Protection Act (TCPA) and what to expect in 2021. Read More ›
Andrew Lustigman Quoted in Law360 on the FTC’s Ability to Seek Monetary Restitution
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in Law360 on major upcoming U.S. Supreme Court fights concerning consumer protection, namely, the Federal Trade Commission’s (FTC) ability to seek monetary restitution for bad marketplace behavior under Section 13(b) of the Federal Trade Commission Act. Specifically, the Court’s arguments scheduled for January 13 in AMG Capital Management LLC et al. v. FTC challenge allegations that payday loan companies engaged in predatory loan practices. Mr. Lustigman described disgorgement as an “enormous hammer” for the FTC, as a monetary fine equal to sales of a targeted product neglects to take into account a company's other expenses, like taxes and advertising. "There's no setoff," he explained. "They're saying you have to give up everything you took in."