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HTMLNot Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case
Livia M. Kiser; Loeb & Loeb LLP;
Legal Alert/Article
November 12, 2014, previously published on October 30, 2014
In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...


HTMLNARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...


HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...


HTMLFTC Updates Its Mail Order Rule
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).


HTMLOperation Full Disclosure! FTC’s Frontal Assault on Ads
Michelle Gillette, Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned with the prevention of false and misleading claims, but its focus is...


HTMLFTC Sends Warning Letters to Major Advertisers About Inadequate Disclosures
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
The FTC announced it has sent letters to over 60 major retailers, including 20 of the 100 largest advertisers in the U.S., that failed to make adequate disclosures in their television and print ads.


HTMLPrice Advertising Claims Make a Comeback - As Class Actions
Ed Chansky, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
September 10, 2014, previously published on September 5, 2014
In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...


HTMLThe CFPB Alerts Credit Card Issuers That Marketing of Credit Card Promotional APR Offers May Violate Federal Law
Yesenia Garcia Perez; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
The Consumer Financial Protection Bureau (“CFPB”) recently issued a bulletin alerting credit card companies that they may be at risk of breaking the law as a result of the way they market promotional rates. Specifically, credit card issuers may be at risk of engaging in deceptive and/or...


HTMLFTC Closes Chapter on "Your Baby Can Read"
Tracy P. Marshall; Keller and Heckman LLP;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
After two years of fighting, Dr. Robert Titzer, Ph.D., creator of the Your Baby Can Read! product, has agreed to settle Federal Trade Commission (FTC) allegations that he misrepresented the product’s effectiveness in teaching children to read.


HTMLFacebook Updates Platform Policy to Prohibit “Like-Gating”
Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
August 26, 2014, previously published on August 2014
Facebook's recently updated Platform Policy for developers states, "Only incentivize a person to log into your app, like your app's Page, enter a promotion on your app's Page, or check-in at a place. Don't incentivize other actions. Effective November 5th, 2014, you may no longer incentivize...


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