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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.

Showing 91 posts from 2012.

Pharmaceutical Manufacturers Can Tout Off-Label Uses of Prescription Drugs

In the United States District Court for the Eastern District of New York, pharmaceutical sales representative Alfred Caronia was convicted of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor. Read More ›

New Jersey Federal Courts Brace for Wave of TCPA Class Actions

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. Read More ›

FTC Announces Significant Update of COPPA Rule

After a number of rounds of public comment and workshops, the FTC has released its revised regulations under the Children's Online Privacy Protection Act of 1998 ("COPPA"). Read More ›

FTC Settlement Puts an End to "History Sniffing" by Online Advertising Network

By William MacDonald*

Yesterday the Federal Trade Commission (the "FTC") announced that it had entered into a settlement agreement with online advertising network, Epic Marketplace Inc. ("Epic"), that bars the company from continuing to use history sniffing technology, which allows online operators to "sniff" a browser to see what sites consumers have visited in the past. Read More ›

FCC Order Makes Acknowledging Text Opt-Outs Even Riskier

This week, the Federal Communications Commission (FCC) issued an order covering the same issue, but with a key limitation that creates a serious legal risk every time a marketer acknowledges an opt-out request with a confirmatory text. Read More ›

NAD Decision Demonstrates Perils In Relying Upon Regulatory Approval

Advertisers typically take comfort if their advertising has been approved by the governing regulatory agency. A recent NAD decision in the pet care context places that long-standing belief into jeopardy. Read More ›

Facebook "Hoax" Shows Privacy A Serious Matter for Users

In recent days, numerous Facebook users have posted a legal-sounding statement as an update to their pages containing some version of the following: Read More ›

Sweeping New Telemarketing Regulation Becomes Effective in New York

Effective November 12, 2012, sweeping new telemarketing legislation is now in effect in New York. Read More ›

Copyright Owners, Leading Internet Service Providers to Implement Copyright Alert System

By William MacDonald*

The Center for Copyright Information will soon implement a subscriber monitoring and alert system in which copyright owners and ISPs will monitor Internet traffic in an attempt to help identify potentially infringing peer-to-peer file sharing of copyrighted material. Read More ›

Western District of Washington Becomes A TCPA Hotbed

The Western District of Washington has joined the Northern District of Illinois and the entire state of California as a hotbed of activity for Telephone Consumer Protection Act (TCPA) class action suits. Read More ›

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