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|Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order|
Nathan A. Cardon, Tracy P. Marshall; Keller and Heckman LLP;
June 25, 2015, previously published on June 22, 2015At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC” or “Commission”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing...
|FCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules|
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
June 25, 2015, previously published on June 18, 2015Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text message marketing. The changes are in the form of answers to several...
|FTC Issues New Social Media/Endorsement Guidance|
Andrew B. Lustigman; Olshan Frome Wolosky LLP;
June 25, 2015, previously published on June 2015The FTC’s Endorsement Guides were revised in 2009 to provide advertisers with guidance on how to apply traditional legal principles regarding testimonials and endorsements to new marketing channels and techniques. More recently, in 2013, the FTC issued its revised .Com Disclosure Guide....
|Judges, Guns, And Facebook: Social Media Lessons For Businesses From The Tactical Firearms Case|
Tara E. Nauful, Jack Pringle; Adams and Reese LLP;
June 24, 2015, previously published on May 1, 2015Over the past few weeks, the internet has been abuzz over the battle raging between Jeremy Alcede, the former majority owner of CTIL, LLC, dba Tactical Firearms (the debtor), and the Bankruptcy Court for the Southern District of Texas. Mr. Alcede has doggedly clung to his contention that the...
|FTC Answers New Questions About Endorsements and Disclosures|
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
June 15, 2015, previously published on June 2015In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to be made on digital platforms and in social media, the updated FAQs cover a...
|The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 1, 2015, previously published on May 22, 2015The Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance).
|Sponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees|
Kenneth R. Florin, Thomas P. Jirgal, James D. Taylor; Loeb & Loeb LLP;
May 25, 2015, previously published on May 2015The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by conducting lotteries for spaces in the Ironman World Championship contest.
|OPC Report of Findings on Bell Online Behavioural Advertising - The Takeaways|
Chantal Bernier; Dentons Canada LLP;
May 14, 2015, previously published on April 14, 2015As Online Behavioural Advertising (OBA) becomes a business model, the Report of Findings of the Office of the Privacy Commissioner of Canada (OPC) on Bell’s Relevant Ads Program (RAP) constitutes a milestone.
|U.S. House Passes Cyberthreat Information Sharing Bills|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
May 13, 2015, previously published on April 24, 2015On Wednesday, April 22, 2015, the U.S. House of Representatives passed two bills that would promote cyberthreat information sharing. These steps, coupled with recent action on a federal data breach notification measure, show real progress on important aspects of privacy and data security. While...
|California Federal Judge Rejects Apparel Company's Motion to Dismiss "Made in America" Suit Under California Law|
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
May 13, 2015, previously published on April 28, 2015A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a state statute with more stringent requirements. The ruling allows a class action suit to proceed, lowering the hopes of...