• 03.14.19

    FTC Sues Over Negative Option, ‘Free Trial’ Plans

    Adding to a series of actions challenging online “free trial” offers that involve negative option plans, the Federal Trade Commission announced a new lawsuit against a Puerto Rico-based defendant and his companies.

  • 03.07.19

    ‘The Carlton’ Dances Its Way Out of Copyright Protection

    As the lawsuits pile up against video game phenomenon Fortnite, one of the plaintiffs has lost his effort to copyright “The Carlton” dance as the basis of his action.

  • 03.07.19

    Deceptive Pricing Suits Continue to Proliferate

    While the initial wave of deceptive pricing suits appears to be ending in settlements, new class actions are still being filed—including suits against Barneys Warehouse and Kate Spade outlet stores.

  • 03.07.19

    Kim Kardashian Sues Knockoff Site

    In the latest false advertising litigation involving a member of the Kardashian family, Kim Kardashian West has filed suit against an online retailer for using her name and image without permission to sell knockoff versions of her outfits.

  • 03.07.19

    ERSP Recommends Investing Site Discontinue Misleading Pricing Claims and Testimonials

    Expressing concerns about the earnings claims and testimonials found in advertising for a personal finance subscription service providing investment recommendations, the Electronic Retailing Self-Regulation Program (ERSP) advised the company to modify or discontinue its claims.

  • 02.28.19

    FTC Keeps CAN-SPAM As Is

    The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) Rule is here to stay, the Federal Trade Commission announced after completing its first review.

  • 02.28.19

    Gambling on a DOJ Reversal

    Finding “no good reason” for the recent opinion from the Department of Justice reversing course with regard to the application of the Wire Act to online gambling, a pair of state attorneys general (AGs) urged that the new opinion be withdrawn.

  • 02.28.19

    From Feds to States, Privacy Laws Make Headlines

    Privacy laws remain in the headlines, with a call from the Government Accountability Office for a federal bill and states proposing measures that echo the California Consumer Privacy Act (CCPA).

  • 02.28.19

    Parties Brew Settlement in False Ad Suit Over Beer’s Location

    To resolve allegations that Asahi Beer deceptively marketed its beverages as being brewed in Japan—when in reality the beer was made in Canada—the company agreed to pay up to $10 per class member in a settlement agreement.

  • 02.21.19

    Ad Industry Groups Weigh In on CCPA Concerns

    Answering the call of the California attorney general (AG), ad industry groups are voicing their concerns about the forthcoming California Consumer Privacy Act (CCPA), set to take effect in 2020.

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