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Insights on Advertising & Promotions

305 total results. Page 9 of 13.

The Fine Print
Is the Price Right? Nordstrom Facing Class Action Over ‘Compare At’ Pricing
December 1, 2015
Anthony V. Lupo* + 1

A federal judge for the Southern District of California recently held in Branca v. Nordstrom, Inc. that a class action could proceed with claims that Nordstrom made deceptive savings claims at a Nordstrom Rack store.

Alerts
New York Tells DraftKings and FanDuel to Stop Taking Bets
November 11, 2015
Richard L. Brand

On November 10, New York’s attorney general ordered DraftKings and FanDuel to stop accepting bets from the state’s residents, arguing the games constituted illegal gambling.

Alerts
District Court Gives Go-Ahead to Marilyn Monroe’s Estate on False Endorsement Claim
November 3, 2015
Anthony V. Lupo* + 1
The Fine Print
Online Retailers Beware: ADA Expansion to Require Enhanced Web Accessibility for Disabled
September 11, 2015
Anthony V. Lupo*

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).

The Fine Print
Paid to Play: FTC Cracks Down on Marketing Company for Deceptive Video Game Endorsements
September 9, 2015
Anthony V. Lupo* + 1

The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.

Alerts
FDA Keeps Up with the Kardashians, Warns Drug Maker on Social Media Posts
September 1, 2015
Wayne H. Matelski

Recently, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion issued a Warning Letter to drug maker Duchesnay, Inc., after reality TV star Kim Kardashian endorsed the company’s morning sickness drug, Diclegis, on her Instagram account.

Press Release
The Best Lawyers in America 2016 Recognizes 39 Arent Fox Attorneys
August 18, 2015

Thirty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2016.

The Fine Print
FuelBand Advertising Claims Spark Settlement Agreement
August 10, 2015
Anthony V. Lupo* + 1

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.

Alerts
Chips or No Chips? Retailers and Merchants Must Implement New Payment Card Standards or Face Fraud Charges
August 6, 2015
Anthony V. Lupo* + 1

Major US credit card associations including Visa, MasterCard, American Express, and Discover have set October 1, 2015, as the deadline for merchants to implement the Europay, MasterCard, and Visa (EMV) standards.

The Fine Print
False Ad Plaintiffs Out of Joint and Out of Luck in Fourth Circuit
July 31, 2015
Anthony V. Lupo* + 2

The Fourth Circuit has recently made it more difficult for false advertising plaintiffs to survive a motion to dismiss where their claims are based on an allegation of “literal falsity.”

The Fine Print
Industrial Parts Manufacturer Rockwell Accuses Unauthorized Distributor of Lanham Act Violations
July 23, 2015
Anthony V. Lupo* + 2

Rockwell Automation, Inc. (Rockwell), a leading industrial parts manufacturer, recently sued industrial parts distributor Radwell International, Inc. (Radwell), alleging numerous violations of the Lanham Act.

The Fine Print
FTC Stops Deceptive Risk-Free Promotions of Skincare Products
July 13, 2015
Anthony V. Lupo*

On June 25, 2015, the FTC announced that it had taken action to stop a group of approximately 15 companies and 7 individuals from using allegedly deceptive “risk-free trial” offers to sell skincare products online.

The Fine Print
California Court Clarifies Scope of Song-Beverly
July 10, 2015
Anthony V. Lupo* + 1

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

Fashion Counsel
Court Certifies Class Action Alleging Fictitious ‘Sale’ Prices by J.C. Penney
July 6, 2015
Anthony V. Lupo*

A California federal judge recently certified a class action lawsuit that alleges violations of California consumer protection laws by J.C. Penney Corporation, Inc.

Fashion Counsel
PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provisions
July 1, 2015
Adam D. Bowser + 1

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages.

Alerts
September 1st Looms as Key Enforcement Deadline for Mobile Advertisers
June 30, 2015

Beginning September 1, 2015, many companies that engage in mobile advertising will be subject to a new level of scrutiny by industry watch dogs.

Alerts
Running a Prize Promotion? Don’t Run Into Trouble
June 25, 2015
Richard L. Brand + 1

The Federal Trade Commission (FTC) recently obtained a temporary injunction to stop a Florida-based sweepstakes operation that has taken more than $28 million from consumers in the United States and abroad.

The Fine Print
FTC Takes on Fraudulent Crowdfunding Campaign
June 24, 2015
Anthony V. Lupo* + 2

The Federal Trade Commission (FTC) recently announced the settlement of a complaint alleging deceptive trade practices in relation to a crowdfunding campaign.

The Fine Print
Big Brother for Hire: FTC Cracks Down on Consumer Tracking Company
June 12, 2015
Anthony V. Lupo* + 1

The Federal Trade Commission sent a new warning for companies engaged in geolocation tracking. Specifically, the FTC recently reached a settlement agreement with Nomi Technologies, a company that offers services allowing retailers to track the movements of customers in and around their stores.

The Fine Print
Advertisers Beware: New FTC Guidance Signals Tough Stance on Endorsements
June 11, 2015
Anthony V. Lupo* + 1

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

The Fine Print
When Inaccurate Simulations Lead to Litigation and Settlements
June 8, 2015
Anthony V. Lupo* + 1

Publisher Sega of America, Inc. (Sega) and developer Gearbox Software, L.L.C. (Gearbox) are involved in a battle centered around Aliens: Colonial Marines (ACM), a videogame based upon the hit film Aliens. 

Alerts
Agreement Reached on Sale of Consumer Data in RadioShack Bankruptcy
June 5, 2015
Anthony V. Lupo* + 1

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

The Fine Print
Court Finds Online Data Collection Legal Under California’s Song-Beverly Act
May 21, 2015
Anthony V. Lupo* + 1

A California appeals court recently held in Ambers v. Beverages & More, Inc. that retailers are permitted under state law to request customers’ personal information when goods are purchased online but picked up in person.

Fashion Counsel
Clothing Retailers Agree to Settle ZIP Code Lawsuit with Gift Cards
April 20, 2015
Anthony V. Lupo* + 1

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

The Fine Print
The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements
April 1, 2015

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements.

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