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|Post/Tweet/Pin/Snap/Share/Etc. with Confidence: Crafting Social Media Policies to Survive Consumer and Regulatory Scrutiny|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
July 16, 2015, previously published on July 14, 2015It is a common refrain in advertising that you have to go where the eyeballs are. These days, many advertisers have concluded that the eyeballs are in and on social media- whether on desktop computers, tablets, or mobile devices like smartphones and smart watches so thats where many are spending an...
|Review of Changes in Advertising Law and Clarifications from the FAS of Russia: July 2015|
Irina Akimova; Capital Legal Services;
July 15, 2015, previously published on 2015Provisions of the Advertising Law are detailed as regards limiting the sound level for advertisements entered into effect on May 25, 2015. Illegal use of intellectual property in advertising does not violate advertising laws. Stricter liability for credit institutions for violations in advertising...
|FCC Releases Much-Anticipated TCPA Declaratory Ruling and Order|
Tracy P. Marshall; Keller and Heckman LLP;
July 15, 2015, previously published on July 14, 2015As we previously reported, the Federal Communications Commission (“FCC” or “Commission”) adopted a significant Declaratory Ruling and Order on June 18, 2015 to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of “automatic...
|Porter Airlines Agrees to Pay $150,000 for Alleged Violations of CASL|
Adrian Liu; Borden Ladner Gervais LLP;
July 6, 2015, previously published on June 30, 2015On June 29, 2015, the Canadian Radio-television and Telecommunications Commission (“CRTC”) announced that Porter Airlines Inc. (“Porter”) has agreed to pay $150,000 as part of an undertaking for allegedly violating provisions of Canada’s anti-spam legislation (commonly...
|FCC Rulings Create Greater Legal Exposure For Marketers|
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
June 26, 2015, previously published on June 22, 2015The Telephone Consumer Protection Act (“TCPA”) continues to be the bane of marketers who seek to interact with consumers on mobile devices. This is particularly true because plaintiffs’ attorneys heavily exploit the TCPA’s onerous and confusing provisions to file...
|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...
|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....
|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...
|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...