Newsletters

08.09.18

NAD Weighs In on ‘Best’ Claims

Be careful about making claims that a product is the “best,” the National Advertising Division (NAD) cautioned in a new decision, recommending that Mahindra USA discontinue claims that it offered the industry’s “best” warranty and “best” in loader lift ...


08.09.18

W3C Finalizes Updates to Accessibility Guidance

Advertisers, take note—the World Wide Web Consortium (W3C) has updated its Web Content Accessibility Guidelines in a new publication, WCAG 2.1.


08.09.18

Sixth Circuit Drives Movie Trailer Suit to Dismissal

The U.S. Court of Appeals for the Sixth Circuit refused to allow a moviegoer to hold the distributor of a motion picture liable for false advertising based on a trailer that the plaintiff claimed contained anti-Semitic messaging.


08.09.18

Fifth Circuit Pins Down Insignia Ban

The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of the National Labor Relations Act (NLRA), and held that In-N-Out Burger failed to overcome the presumption that a blanket ban on insignia ...


08.07.18

Eleventh Circuit Refuses to Compel Arbitration in TCPA Dispute

An unsigned agreement put an end to a Telephone Consumer Protection Act (TCPA) defendant’s attempt to compel arbitration of the suit, the U.S. Court of Appeals for the Eleventh Circuit recently decided.


08.07.18

Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...


08.07.18

Senators Push FCC for TCPA Protections

In a letter to Federal Communications Commission (FCC) Chair Ajit Pai, a group of 14 senators urged the agency to adopt “important consumer safeguards” in the wake of the ACA International v. FCC decision.


08.07.18

Class Certification Granted for ‘Bad/Wrong Number’ Calls

Providing a lesson in the importance of good recordkeeping, Chief District Judge William P. Johnson of the District of New Mexico granted a plaintiff’s motion for class certification in a putative Telephone Consumer Protection Act (TCPA) class action against two financial services entities, ...


08.07.18

Questions of Consent and Identity Preclude Summary Judgement

Finding questions on the issue of consent and the identity of the caller remained, U.S. District Court Judge Robert L. Miller Jr. from the Southern District of Indiana denied a Telephone Consumer Protection Act (TCPA) defendant’s bid for summary judgment in mid-June 2018.


08.07.18

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) ...