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HTMLFederal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...

 

HTMLThe Positive Implications of FTC v. BurnLounge for Direct Sellers
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
June 16, 2014, previously published on June 10, 2014
In FTC v. BurnLounge—after providing a crash course on pyramid schemes and how to properly distinguish a pyramid from a legit multi-level marketing (MLM) operation—the Ninth Circuit upheld the district court’s finding that BurnLounge’s business constituted an illegal pyramid...

 

HTMLALJ Essex Denies Motion To Compel Production Of Documents In Certain Windshield Wipers (337-TA-902)
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
On June 3, 2014, ALJ Theodore R. Essex issued the public version of Order No. 11 (dated May 19, 2014) denying Complainant Trico Products Corp.’s (“Trico”) motion to compel Respondents Federal-Mogul Corp. and Federal-Mogul SA (collectively, “Federal-Mogul”) to produce...

 

HTMLFTC Calls for Greater Transparency for Data Brokers
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
June 11, 2014, previously published on May 29, 2014
The Federal Trade Commission (FTC or Commission) called for legislative and industry actions in a 110-page report on the practices of data brokers, released Tuesday. The report is the culmination of an 18-month study of information obtained from nine data brokers, including such prominent companies...

 

HTMLTCPA Settlement: Clippers Fans Want Tickets, Not Texts
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
June 10, 2014, previously published on June 5, 2014
The Los Angeles Clippers are in the news again: this time for an ill-advised promotional text message marketing campaign. Fans filed a class action suit against the pro basketball team in February 2013, after the team sent them text messages without the fans’ express written consent to...

 

Adobe PDFYour Widget is Better Than the Other Guy's? Prove It. Before You Say So in an Ad. Or Else...
Jessica Freiman, H. Todd Greenbloom; Blaney McMurtry LLP;
Legal Alert/Article
June 10, 2014, previously published on June 2014
It’s one thing to see a company falsely advertise its product with gross exaggerations - lose 10 pounds in two days with our supplement! Undo 40 years of wrinkles with one moisturizer!!

 

HTMLStrengthened Connecticut Law Supplements TCPA
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 3, 2014
Connecticut recently passed S.B. 209, a new law aimed at aggressive telemarketing tactics. The law, which goes into effect on October 1, 2014, strengthens Connecticut’s already existing “Do Not Call Registry” by banning unsolicited commercial text and media messages and...

 

HTMLLessons from the FTC's Latest Lead Generation Enforcement Action
Suzanne Fay Garwood, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
May 27, 2014, previously published on May 14, 2014
The Federal Trade Commission (FTC) recently announced a settlement of a lead generation enforcement action. The settlement reflects that the FTC remains focused on lead generation and, more specifically, mortgage advertising, even though it shares enforcement authority for nonbank mortgage...

 

HTMLSnapchat Settles FTC Charges of Deception
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
May 27, 2014, previously published on May 15, 2014
The photo and messaging app Snapchat has agreed to settle with the Federal Trade Commission (FTC) allegations that it misrepresented the quantity of consumer data it collected and stored and falsely claimed that its messages would disappear. In marketing its privacy features, Snapchat stated that...

 

HTMLEuropean Union High Court Ruling Establishes Right to Be Forgotten, Requires Google to Delete User Data on Request
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
May 26, 2014, previously published on May 15, 2014
Google Inc. must delete the personal data that turns up in its search results under certain circumstances if a user asks for the data to be deleted, the European Court of Justice (ECJ) ruled on Tuesday, May 13. The decision by the ECJ - the highest court in Europe - is the first to address a...

 


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