Andrew Lustigman Speaking at ACI’s 7th Annual Summit on Food Law – Regulation, Compliance and Litigation

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group, will speak on the panel “Evolution of Food Advertising and Marketing: From Print Ads to Social Media to the Metaverse” as part of ACI’s 7th Annual Summit on Food Law – Regulation, Compliance and Litigation on April 19, 2023, at 10:30am at The Metropolitan Club, Chicago, IL. Read More ›

Olshan Advertising and Branding Law Groups' Hot Topics - 2023

Happy New Year! As we begin 2023, Olshan’s Advertising and Branding law groups share their list of hot topics that look to be on the horizon this year and should be of particular interest to you.   Read More ›

Andrew Lustigman Quoted by Law360 on the FTC’s Consumer Protection Rulemaking and Enforcement in 2023

Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotion's Group and Co-Chair of the firm’s Brand Management & Protection Group, was quoted in Law360 (subscription required) on the Federal Trade Commission’s (“FTC”) consumer protection rulemaking and enforcement efforts in 2023. The agency’s focus on pricing disclosures—specifically its October 2022 proposed rulemaking on addressing “junk fees,” unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value to consumers—will potentially affect “a wide array of industries,” Andy commented. “Similar rulemaking has been proposed by the U.S. Department of Transportation relating to airline pricing and ancillaries like baggage fees,” he added. Additionally, the FTC is expected to continue focusing on advertisers’ use of endorsements and testimonials that consumers increasingly rely on in digital commerce. Read More ›

New Privacy Laws in the United States for 2023

Starting in 2023, several new privacy laws go into effect in California, Virginia, Colorado, Connecticut, and Utah. These laws apply not only to businesses based in those states but to any business that meets certain thresholds and collects, stores, or processes personal information from any residents in those states. Penalties for non-compliance with these laws can be steep. Read More ›

Pay Me What You Owe Me: Rihanna’s Savage X Fenty Reaches Settlement with CART Over Autorenewal Practices

Rihanna’s lingerie company, Lavender Lingerie, LLC dba Savage X Fenty (“Savage X Fenty”), has agreed to pay $1.2 million to settle a consumer protection lawsuit brought by members of the California Automatic Renewal Task Force (“CART”) relating to the company’s automatic renewal practices.    Read More ›

NAD Examines Blue Apron’s “Canceling Meals is Easy” Claim

The National Advertising Division of the Council of Better Business Bureaus (“NAD”) recently reviewed claims made by subscription-based meal kit company Blue Apron related to its subscription cancellation process. In doing so, NAD has provided additional guidance as to what is expected from companies that enroll customers in automatically renewing continuity programs from a self-regulatory perspective.   Read More ›

Many Celebrities Named in Class-Action Lawsuits for Touting Cryptocurrency on Social Media

Tom Brady and Gisele Bundchen join Kim Kardashian and Floyd Mayweather as defendants. Read More ›

Class Action Accuses Amazon Prime of “Dark Patterns”

* Taylor Lodise is a law clerk in the Litigation practice group.

On November 9, 2022, amidst ongoing investigations by the FTC regarding “dark patterns” that Amazon allegedly employed to discourage subscribers from canceling their Amazon Prime memberships, a class-action lawsuit named Amazon as a defendant. The lawsuit was filed in United States District Court for the Western District of Washington and is styled Dorobiala v. Amazon.com, Inc. Read More ›

Authority of Consumer Finance Protection Board Is Now Less Certain

Federal Court rules CFPB funding mechanism is unconstitutional Read More ›

FTC Seeks Comments on “Junk Fees” – Signaling a Renewed Focus on Supplemental Fees

On October 20, 2022, the Federal Trade Commission issued an advance notice of proposed rulemaking for a rule that would seek to address so called “junk fees” – unnecessary, unavoidable, or surprise charges that inflate costs while adding little to no value to consumers. Read More ›