Subscribe

RSSAdd blog to your RSS reader

All Topics

Contact Us

212.451.2258

ADVERTISING@OLSHANLAW.COM

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 Katelyn J. Patton kpatton@olshanlaw.com View Bio

Showing 15 posts by Katelyn J. Patton.

Record-Breaking FTC Settlement Raises Stakes for COPPA Compliance

On September 4, 2019, the Federal Trade Commission (“FTC”) announced that YouTube and its parent company, Google, agreed to pay a record-breaking $170 million fine to settle claims by the FTC and New York Attorney General (“NYAG”) that YouTube violated children’s privacy laws. Read More ›

NAD Finds "Limited Offer" Claim Misleading, Recommends Discontinuance

Marketers frequently tout “limited time” bonus offers that appear to continue for an inordinate amount of time.   A recent decision of the National Advertising Division ("NAD") of the Council of Better Business Bureaus relating to such an offer makes clear that a “limited time” offer must indeed be so. Read More ›

Federal ‘Unsubscribe Act’ Introduced to Regulate Negative Option Agreements

In the wake of several state-enacted regulations and restrictions on automatic renewal provisions in consumer contracts, on May 10, 2019, Rep. Mark Takano (D-Calif.) introduced the federal Unsubscribe Act of 2019, H.R. 2683, to increase consumer protection with respect to online negative option agreements.  Negative option agreements include by definition automatic renewal contracts, continuity plan contracts and free-to-pay conversion contracts. 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 ›

BBB Launches AdTruth Consumer Reporting Service

Better Business Bureau (“BBB”) recently announced the launch of its new consumer reporting service, “BBB AdTruth,” an online tool via which consumers can report advertisements they believe to be fraudulent, confusing or unsubstantiated.  Upon such reporting, BBB advertising review specialists will investigate and assess the particular ad’s truthfulness. Read More ›

Vermont Becomes First State to Require Onerous “Double Opt-In” with Respect to Automatic Renewal Provisions

Following up on other states recently enacting additional restrictions on automatic renewal provisions, on May 28, 2018, Vermont House Bill 593, an omnibus consumer protection bill, was allowed to go into effect without the signature of Governor Phil Scott, making Vermont the first state to require a “double opt-in” with respect to automatic renewal provisions. Read More ›

Florida AG Sues Popular Miami Restaurants for Deceptive 'Farm-to-Table’ Claims

Florida Attorney General Pam Bondi filed a complaint in Miami-Dade County Circuit Court in May against a popular Miami-based restaurant operator for supplying non-locally sourced or sustainable ingredients despite claims to the contrary. Read More ›

Olshan to Present Consumer Protection Update on June 18th Hosted by ABA

Olshan Advertising attorneys Andrew Lustigman, Safia Anand, Tamara Carmichael, Claudia Dubón, Katelyn Patton, and Morgan Spina will give a telephonic presentation for the Consumer Protection Monthly Update on June 18, 2018, hosted by the American Bar Association. This monthly update, which will be moderated by Andrew Lustigman, will summarize the significant developments in consumer protection law that occurred during May 2018. The presentation will include cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions.

You can register for this presentation here.

New Jersey Seeks to Prohibit Telemarketing Calls that Deliver Voicemail without Customer’s Telephone First Ringing

With the decline in available means to contact consumers by phone, ringless voicemail is an increasingly popular marketing technique. While the FCC petition for clarification as to whether ringless voicemail triggers TCPA obligations was withdrawn, regulation of the practice is by no means clear.  Read More ›

Review Your Enrollment Processes Now: California Enhances Its Automatic Renewal Statute

Many marketers rely on advance consent auto-renewal programs, particularly for online subscription sign-ups.   In the wake of the booming subscription-based business model and a rise in class action filings under state automatic renewal laws, many states are enacting or updating their laws to strengthen consumer protection.  California’s recently enacted Senate Bill 313 enhances what was already one of the most stringent auto-renewal laws in the nation. Read More ›

Back to Page