Searching Content indexed under Advertising, Marketing & Branding by David O. Klein ordered by Published Date Descending.
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Deceptive Marketing Practices, Lead Generators And The FTC
On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission ("FTC") arising out of allegations of deceptive marketing.
United States
2 Sep 2019
California Court Issues Major Decision For The Email Marketing Industry
A trial court in California recently issued a ruling interpreting California Business and Professions Code Section 17529.5 ("17529.5") in Greenberg et al. v. Digital Media Solutions LLC et al., CGC-18-572010 that has the...
United States
9 Aug 2019
Supreme Court Addresses TCPA Fax Issue
As the United States Supreme Court ("SCOTUS") wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order.
United States
3 Jul 2019
Companies Selling E-Liquids Must Follow Endorsement Guides
On June 7, 2019, the U.S. Food and Drug Administration ("FDA") and the Federal Trade Commission ("FTC") together issued four warning letters to companies manufacturing
United States
1 Jul 2019
Court Limits The Scope Of TCPA Consent
In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act
United States
18 Jun 2019
FTC Settles Another Free Trial Law Investigation
Last week, the Federal Trade Commission ("FTC") announced that it had settled a free product trial lawsuit brought against Triangle Media Corp
United States
18 Jun 2019
Plastic Surgeons, Dermatologists And Product Endorsement Guidelines
The New York Times recently published an article reporting that certain plastic surgeons and cosmetic dermatologists may have violated FTC and FDA product endorsement and advertising regulations.
United States
6 Jun 2019
Car Dealership Promoter Slapped With Prize Promotion Lawsuit
Last month, the State of Indiana Attorney General's Office ("Indiana AG") filed a lawsuit in Indiana state court against defendant Hopkins and Raines Inc. ("H&R").
United States
22 May 2019
Mobile App Contests: A Potent Marketing Pairing
Over the past few years, businesses have discovered that mobile applications (or "apps"), when used to conduct sweepstakes and other promotional contests,
United States
1 May 2019
Federal Court Dismisses Sweepstakes Law Class Action
Last month, a federal court in New York dismissed a putative class action lawsuit brought by thirteen named plaintiffs (collectively "Plaintiffs") against a national sweepstakes operator ("Defendant")
United States
30 Apr 2019
FTC Settles Online Review Law Charges
This week, the Federal Trade Commission ("FTC") announced that it had reached a settlement of charges that it had brought against a company and its owner for practices that the FTC alleged violated
United States
22 Apr 2019
Have You Been Sued By Manuel Hiraldo?
In recent years, lawsuits alleging violations of the Telephone Consumer Protection Act ("TCPA") have become among the most frequently filed lawsuits in the federal courts.
United States
15 Apr 2019
New York Sports Betting Coming This Spring
The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events.
United States
4 Apr 2019
CBD Law – USPS Mailing Guidelines
On March 4, 2019, the United States Postal Service ("USPS") issued a guidance letter meant to address how cannabidiol ("CBD") products may be sent via U.S. mail.
United States
3 Apr 2019
Facebook May Relax Its Marijuana Marketing Policy
As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses.
United States
19 Mar 2019
Skincare Product Marketer's Continuity Billing Draws FTC Scrutiny
The need to clearly and conspicuously disclose material offer terms generally, and automatic renewal terms specifically, is illustrated plainly by this FTC lawsuit.
United States
12 Mar 2019
FTC Investigation Leads To Its First Fake Reviews Settlement
A Federal Trade Commission ("FTC") investigation of Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz (the "Defendants"), has ended in a settlement that awaits court approval.
United States
8 Mar 2019
OddsShark.Com Bitten By New Jersey Gambling Marketing Laws
On February 6, 2019, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the "Division" or "NJDGE"), notified and its operators that their promotion
United States
28 Feb 2019
CAN-SPAM Cooked? Results Are In On The FTC's Review Of The Federal Email Law
In June, 2017, the Federal Trade Commission ("FTC") sought public comment on the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM").
United States
20 Feb 2019
Internet Marketers Involved In Free Trial Law FTC Settlement
Last week, the Federal Trade Commission ("FTC") announced that it will be mailing over $6 million dollars in checks to consumers who purchased certain health-related products and services.
United States
14 Feb 2019
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