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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 140 posts by Scott Shaffer.

Law360 Publishes Article by Scott Shaffer on Recent TCPA Rulings that Benefit Companies Facing Robocall Claims

Law360 has published an article authored by advertising partner Scott Shaffer entitled “Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims.” In the article, Mr. Shaffer analyzes a recent ruling, Creasy v. Charter Communications Inc., which held that a significant portion of the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. Read More ›

Another Court of Appeals Rules Against the FTC on Disgorgement Issue

Court reverses award of $448 million in ill-gotten gains

The Court of Appeals for the Third Circuit rejected a district court’s award of $448 million against a pharmaceutical company in a lawsuit brought by the Federal Trade Commission (FTC). In an antitrust case styled FTC v. AbbVie, Inc. (decided on September 30, 2020), the Third Circuit ruled that district courts lack the power to order disgorgement under the FTC Act. While the Third Circuit ruled in favor of the FTC on other issues in this case, the reversal of the disgorgement award the FTC is the focus of this blog entry. Read More ›

Federal Trial Court Rules Against Enforcement of TCPA Claims from 2015-2020

Ruling could have broad implications on thousands of pending cases

A federal district court has ruled that the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. The trial court in Creasy v. Charter Communications, in the Eastern District of Louisiana on September 28, 2020, dismissed all asserted TCPA violations alleged to have occurred before July 6, 2020 because a portion of the TCPA was unconstitutional until the Supreme Court “fixed” it on that date. Read More ›

Webinar - Retail Marketing Compliance in Post-COVID Era

Our fast-moving webinar discussed key issues involving marketing and business practices in the current environment. Read More ›

Supreme Court to Determine What Constitutes an Automated Telephone Dialing System

Authored by Scott Shaffer and summer associate Christian Villatoro

Read More ›

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 ›

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