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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.

Photo of Advertising Law Blog Andrew B. Lustigman alustigman@olshanlaw.com View Bio

Showing 529 posts by Andrew B. Lustigman.

FTC and Six States Sue Roomster for Fake Listings and Reviews

The Federal Trade Commission (“FTC”), along with six states, filed a lawsuit against housing rental listing platform, Roomster Corp. (“Roomster”), its co-founders, John Shriber and Roman Zaks, and the principal of a related app that provided allegedly fake reviews, Jonathan Martinez. The lawsuit, filed in the Southern District of New York, alleges that the defendants used fake reviews to entice consumers to join and pay for access to its platform. The lawsuit is a reminder that federal and state regulators are increasingly focused on the legitimacy of consumer reviews, particularly given their impact on purchasing decisions.   Read More ›

Federal Court Dismisses Claims Against Coinbase of Illegal Lottery

Sweepstakes entrants’ lack of knowledge of free method of entry insufficient to constitute violation of California Penal Code.

A Northern District of California case styled Suski v. Marden-Kane, Inc. (decided August 31, 2022) has resulted in a significant ruling in the field of sweepstakes law. A sweepstakes sponsored by Coinbase, a popular cryptocurrency exchange, and administered by Marden-Kane offered the chance to win valuable prizes to Coinbase users who bought or sold Dogecoin, a well-known “meme” token, on Coinbase for a total of $100 or more. The sweepstakes offered an alternative method of entry that did not require the trading of Dogecoin or incurrence by the entrants of any other expense. However, this free alternative method of entry was not well-publicized. Read More ›

FTC Proposes Revisions to its Endorsement Guides and .com Guidance

The Federal Trade Commission (“FTC”) is set to issue updates to both its Endorsement Guides and .com Disclosure Guidance. The proposed updates to both guidance documents signifies the FTC’s ongoing attention to online and social media advertising, as the regulator takes steps to bring its guidance into focus with contemporary advertising issues. Read More ›

REMINDER: New California Automatic Renewal Law Set To Go Into Effect July 1, 2022

On July 1, 2022, California Assembly Bill 390 will take effect, adding new notice and cancellation requirements to California’s existing Automatic Renewal Law (“ARL”).  Read More ›

Andrew Lustigman Speaking at 2022 ACI Food Law Conference

Andrew Lustigman, Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, will speak on the panel “Rethinking the Role of Loyalty Programs: Considerations for Food Manufacturers” as part of ACI’s Food Law Conference. Read More ›

Class Action Moves Ahead Over Dogecoin Sweepstakes

Defendants plagued by failure to include arbitration clause in sweepstakes rules

A class-action lawsuit against an online sweepstakes operator will go forward despite the plaintiffs’ admitted agreement to an arbitration clause. The sweepstakes offered the chance to win $1.2 million in Dogecoin, a type of cryptocurrency. The plaintiffs in the Northern District of California district court action, styled Suski v. Marden-Kane et al., initially agreed to arbitrate all disputes at the time they opened their online accounts with defendant Coinbase Global, Inc. Read More ›

Andrew Lustigman and Morgan Spina Serve as Panelists on CLE Webinar on Ecommerce Marketing

On May 12, 2022, Andrew Lustigman, Chair of the firm’s Advertising, Marketing & Promotion’s Group and Co-Chair of Brand Management & Protection Group and associate Morgan Spina will present at the Federal Bar Association webinar “Suppressing Negative Reviews Can Lead to Legal Trouble.” Read More ›

FTC Once Again Focuses on Earnings Claims

FTC's recent actions regarding earnings claims makes clear that the agency is focused on challenging earnings claims, particularly those that are atypical. Read More ›

Weight Loss App Agrees to Pay $56 Million and Make Changes to Enrollment Process to Settle Automatic Renewal Class Action

Weight-loss app Noom has agreed to make substantial changes to its enrollment processes and pay $56 million, in addition to providing $6 million in subscription credits, in order to resolve a federal court case where the plaintiffs alleged that the company utilized deceptive automatic renewal tactics. Read More ›

Olshan Recognized by Media Law International

Olshan’s Advertising, Marketing & Promotions practice group has been named a Tier 2 firm as part of the 2022 release of Media Law International. Read More ›

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