The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law (“UCL”), the False Advertising Law (“FAL”), and the Consumer Legal Remedies Act (CLRA”). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company’s […]
California Court Rules in Ensure False Advertising Case Read More »
Across the Country, states continue to both legalize cannabis sales and develop associated industry regulations. Naturally, there has been a lot of attention to what constitutes compliant cannabis advertising. As of December 2022, Twitter’s audience comprised over 368 million monthly active users. That is a lot of users, who make up a captive audience —
Twitter Rolls out Approval for Cannabis Advertising Read More »
We all know that consumers use the Internet to conduct comparison shopping for a variety of products and services. Consumers want to get a combination of the best price and service for their money. This is especially true in the mortgage lending industry, where most people will be saddled with a home loan debt for decades. The best
CFPB Issues Advisory Opinion on Comparison-Shopping Marketing Read More »
On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing laws to regulate intrastate communications in a more restrictive manner than that of the Telephone Consumer Protection Act (“TCPA”). The TCPA is a federal statute designed to protect consumer privacy
What is the Florida TCPA? Read More »
The Southern District Court of New York recently rendered a decision in a widely-followed trademark infringement case. The dispute involved Plaintiff, Hermès International, designer and purveyor of the luxury Birkin handbag, and Defendant-artist, Mason Rothschild, creator and seller of non-fungible tokens (“NFTs”) depicting “MetaBirkins” or “fur-covered” Birkin handbags. In this case, a federal jury determined
New York Court Decides NFT Trademark Fair Use Case Read More »
On February 3, 2023, the California Privacy Protection Agency Board (“Board”) voted unanimously to approve and adopt the Agency’s California Privacy Rights Act (“CPRA”) rulemaking package. This regulatory package includes a Final Statement of Reasons, a redlined document encapsulating the Final Regulations, as well as two documents containing a summary and responses to comments on
Update on the CPRA Regulations Read More »
What is more enticing than the opportunity to win something? An increasing number of companies are betting that consumers will be drawn by the chance to win exciting prizes. With this in mind, many businesses have discovered effective ways to increase awareness of their brands through the use of sweepstakes and other promotions. Before deciding
What’s the Difference Between a Raffle and a Sweepstakes? Read More »
On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). As readers of this blog know, this is not the first time that the Third Circuit has issued a ruling on
No Liability for Free-Seminar Fax Under the TCPA Read More »