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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 17 posts in Class Action.

California Court Considering Awarding $141.5 Million Over Falsely Marketed Health Drink

Juice Joint facing catastrophic liability after jury decides against it on the merits

Faced with a series of class-action lawsuits over its Joint Juice drink, Premier Nutrition Corp. has lost the first jury trial and is now fighting back against what could be a devastating financial blow if it loses a post-trial motion scheduled to be heard next month in the Northern District of California. The company was found by a jury to have falsely touted the health benefits of the drink, so the issue is no longer whether the claims were defensible, but how much the marketer will have to pay to the class of purchasers. Read More ›

Data Entry Error on Phone Number Blocks Class Certification

TCPA liability reduced to $500 for Gold’s Gym

A recent ruling out of the Central District of California will prove to be very useful for telemarketers faced with class actions under the Telephone Consumer Protection Act (“TCPA”). In Bustillos v. West Covina Corporate Fitness, Inc., United States District Judge Stanley Blumenfeld, Jr. denied an order seeking class certification where it was clear that the call in question violated the TCPA. 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 ›

New Jersey State Court Dismisses Consumer Fraud Act Class Action Suit Against Olshan Client

As reported in The New Jersey Law Journal (subscription required), Olshan partner Scott Shaffer achieved a full dismissal with prejudice of a class-action lawsuit filed under New Jersey’s Consumer Fraud Act. Read More ›

Record-Breaking Settlement Reached In Dietary Supplement Suit Regarding Pain Claims

Reckitt Benckiser agrees to pay $53 million to end class actions regarding dietary supplement pain relief claims. Read More ›

Class Decertified in TCPA Junk Fax Case

Issue of Ascertainability Blocks Plaintiff From Proceeding On Class Basis Read More ›

Shaffer Comments on Trump's Presidential Candidacy and Trump University’s Pending Trial

A high-profile trial involving a potential Presidential nominee, especially during elections, will make it difficult to facilitate a fair trial and allow forward progress in the case. Read More ›

Lustigman and Shaffer Discuss Online Discount Pricing Facing Scrutiny

Olshan Partners Andrew Lustigman and Scott Shaffer authored an article published in the New York Law Journal’s Cybersecurity Law Report on June 3, 2016, entitled “Online Discount Pricing Policies Face Increasing Scrutiny”, illuminating the issues surrounding online pricing practices. Read More ›

Burberry, Coach Named in Latest Deceptive Pricing Class Actions

Luxury retailers Burberry and Coach were the latest retailers to be hit with class action lawsuits involving accusations of deceptive pricing and discount advertising of merchandise sold at their outlet stores.  The lawsuits are part of a growing trend focusing on allegations of deceptive outlet and discount store comparative pricing. Read More ›

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