February 2, 2017 On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”). According to the FTC’s complaint, iSpring, a company that sells water filtration systems and parts, falsely claimed and marketed that its products are “built in USA.” In fact, according to the FTC, […]
FTC Settles “Made in USA” False Advertising Claims Read More »
February 1, 2017 Last week, Arizona State resident Lukeroy Rose became the first person to plead guilty to an alleged criminal violation of a recently amended Arizona telemarketing law. How can telemarketers and text message marketers stay legally compliant in Arizona?
First Criminal Prosecution Under Amended Arizona Telemarketing Law Read More »
January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims. Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were
Cynosure Settles Fax TCPA Class Action for $16 Million Read More »
January 27, 2017 A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices class action lawsuit. The lawsuit, focusing on alleged false misrepresentations concerning the efficacy of the 5 Hour
5 Hour Energy Deceptive Practices Lawsuit Survives Challenge Read More »
January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”). The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the
FTC Settles False Advertising Action Against Breathometer, Inc. Read More »
January 25, 2017 The Federal Trade Commission (“FTC”) has released a staff report after conducting a series of workshops on cross-device tracking and related issues concerning online and mobile behavioral advertising. The staff report aims to provide recommendations to various companies, including advertising technology companies, publishers and platforms, regarding transparency, security and the provision of
FTC Trains Its Sights on Cross-Device Tracking Read More »
January 24, 2017 This month, Orange County-based Bootlegger’s Brewery, LLC (“Bootlegger’s”) settled its beer trademark dispute and federal lawsuit with Louisiana’s Abita Brewing Company, Inc. (“Abita”). How can a craft brewery protect its name, brands, logos and slogans?
Craft Breweries Settle Beer Trademark Dispute Read More »
January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v.
Blue Shield Avoids TCPA-Related Liability Read More »