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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 135 posts by Scott Shaffer.

Supreme Court Limits the SEC’s Ability to Obtain Disgorgement of Revenues

Highest court affirms the right of the SEC to recover fraudulently obtained profits Read More ›

Lustigman, Grieco, Shaffer, and Spina Contribute Four Guidance Notes on Direct Marketing in OneTrust DataGuidance

Advertising, Marketing & Promotions practice chair Andrew Lustigman, Intellectual Property/Privacy partner Mary Grieco, AMP partner Scott Shaffer, and associate Morgan Spina authored four Guidance Notes on direct marketing in California recently published in the prestigious OneTrust DataGuidance (subscription required). The first, entitled “California – Emarketing,” covers both the state and federal legislation, as well as regulatory guidance from the Federal Trade Commission, concerning emarketing. In the second, “California – Telemarketing,” the authors examine the numerous pieces of state and federal legislation governing telemarketing, including the “Automatic Dialing Law” and the “Unwanted Calls Law.” The third, entitled “California – SMS/MMS Marketing,” discusses various state and federal laws on SMS/MMS, including the Telephone Consumer Protection Act, and the consent requirements that advertisers must follow when using these services. In the fourth, “California – Postal Marketing,” the authors explore various state and federal laws on postal marketing, such as California’s “Mail Solicitation Law” and the federal “Deceptive Mail Act.”

The New York Times Accused Of Violating California Subscription Renewal Law

Class-action lawsuit seeks recovery of fees obtained through subscription renewal plan. Read More ›

COVID-19-Related Telemarketing Developments

We continue to monitor the effects of the COVID-19 pandemic on telemarketing regulations. The FCC has allowed health care providers to place emergency automated calls and text messages related to COVID-19, but three states have seen new telemarketing restrictions triggered by state-of-emergency declarations. Meanwhile, California is considering changes to its telemarketing statute unrelated to the pandemic. The following summarizes these recent developments: Read More ›

U.S. Supreme Court Considers Limiting SEC’s Ability to Recover Disgorgement

Oral arguments held in Liu v. SEC Read More ›

Eleventh Circuit Limits TCPA Definition Of Autodialer

Ruling Is A Setback for TCPA Plaintiffs Read More ›

Supreme Court Will Consider Whether the SEC has Authority to Seek Disgorgement

Liu v. SEC will also likely affect Federal Trade Commission’s powers Read More ›

College Athletes Will Soon Be Able To Profit From Endorsements

NCAA Clears The Way For Monetizing Athletes’ Names, Images and Likenesses by 2021 Read More ›

Appeals Court Rules One Text Message Not Enough to Support TCPA Claim

Decision Means That Issue of TCPA Standing Is Likely Headed To Supreme Court Read More ›

Defendants Save $3.4 Million When FTC Falls Short On Burden Of Proof

Disgorgement Avoided Even Though Liability Established Read More ›

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