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Recent Posts
- Indiana AG Sues Promotions Company over Deceptively Advertised Sweepstakes
- Supreme Court Makes Class Arbitration Decision More Difficult
- North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
- Lustigman and Spina Publish Article in ABA’s What’s In Store Newsletter on FTC’s Enforcement Authority
- Andrew Lustigman Quoted in Legaltech News on Facebook’s Litigation Against Fake Accounts
- Luxury Daily Publishes Article by Safia Anand on What Brands, Advertisers and Influencers Can Learn From #FyreFestival
- Online Retailer Wins TCPA Lawsuit Based On Its Online Terms
- FTC Challenges Fake Paid-For Reviews on Amazon for The First Time
- FDA and FTC Focus On Dietary Supplement Industry Disease Claims
- New Bill Introduced in California Aims To Strengthen and Clarify CCPA
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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.
Indiana AG Sues Promotions Company over Deceptively Advertised Sweepstakes
An advertising agency that promoted sales events on behalf of numerous Indiana motor vehicle dealerships is the subject of an Indiana Attorney General lawsuit focusing on allegedly false sweepstakes promotions. The lawsuit highlights the governments’ continued focus on direct mail sweepstakes promotions. Read More ›
Supreme Court Makes Class Arbitration Decision More Difficult
5-4 decision rejects traditional principles of contract interpretation Read More ›
North Dakota Introduces Automatic Renewal Law – Prohibits Renewal Periods Exceeding Twelve Months in Consumer Contracts
Following other states that have recently enacted regulations and additional restrictions on automatic renewal provisions in consumer contracts, on April 9, 2019, North Dakota House Bill 1195, which enacts a new chapter of the North Dakota Century Code relating to certain marketing practices involving automatic renewal, was signed by Governor Doug Burgum and filed with the Secretary of State. Read More ›
Lustigman and Spina Publish Article in ABA’s What’s In Store Newsletter on FTC’s Enforcement Authority
Olshan’s Advertising, Marketing & Promotions Practice Group chair Andrew Lustigman and associate Morgan Spina authored an article for the ABA’s Spring 2019 What’s In Store newsletter titled “Are FTC Enforcement Powers Being Reined In?” Read More ›
Andrew Lustigman Quoted in Legaltech News on Facebook’s Litigation Against Fake Accounts
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Legaltech News article titled "Fake Accounts Mean Litigation Could Be a Key Part of Facebook's Future" Read More ›
Luxury Daily Publishes Article by Safia Anand on What Brands, Advertisers and Influencers Can Learn From #FyreFestival
Olshan Counsel, Safia Anand, published an article entitled “What Brands, Advertisers and Influencers can Learn from #FyreFestival” in the Luxury Daily, addressing the failed music festival Fyre Festival and the social media implications. Read More ›
Online Retailer Wins TCPA Lawsuit Based On Its Online Terms
Consumer not permitted to revoke consent given as part of a transaction Read More ›
FTC Challenges Fake Paid-For Reviews on Amazon for The First Time
As we have discussed previously, the prevalence of Internet usage in everyday life has led to an e-commerce market whereby consumers are able to post online reviews of a vast range of products and services. For the most part, such reviews are made public without regard to the relevant expertise of the reviewers, and with little to no oversight as to the legitimacy of such reviews. You can see our prior articles on this topic here and here. Against this backdrop, the Federal Trade Commission (“FTC”) has brought a claim against a marketer for the deceptive use of fake, paid-for reviews on an independent retail website for the first time. The FTC’s enforcement efforts in this regard should signal to marketers that the FTC is taking such actions seriously. Read More ›
FDA and FTC Focus On Dietary Supplement Industry Disease Claims
The Food and Drug Administration (“FDA”) and Federal Trade Commission (“FTC”) have issued joint warning letters focusing on disease claims being made by dietary supplement marketers. In addition, the FDA announced new steps it is undertaking with a goal toward protecting the public from potentially harmful products and unapproved claims. Read More ›
New Bill Introduced in California Aims To Strengthen and Clarify CCPA
As we have previously reported, California’s Consumer Privacy Act (the “CCPA”) was passed in 2018 and goes into effect in January 2020, which provides broad protections for consumers in their ability to control the use of their personal data. You can see our prior article here. On February 25, 2019, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced SB 561, legislation intended to strengthen and clarify the CCPA. The Attorney General’s press release can be viewed here. Senator Jackson has stated that the bill is designed to ensure that “the most significant privacy protections in the nation are robustly enforced”. Read More ›