advertising

clear and conspicuous

New York AG: Marketing to Consumers Must be Clear and Conspicuous!

Companies that market products and services to New York State consumers must be sure that their advertising efforts are lawful and above board. Any significant terms and conditions relating to a consumer purchase should be presented in a clear and conspicuous manner such that the average consumer can recognize and understand them. Businesses that engage […]

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Congress Considers New Targeted Advertising Law - Klein Moynihan Turco LLP

Congress Considers New Targeted Advertising Law

Recently, several members of Congress introduced a bill aimed squarely at the digital marketing industry. Dubbed the Banning Surveillance Advertising Act, the bill amounts to a targeted advertising law that looks to ban or seriously curtail what sponsors term “surveillance advertising.” Put simply, the Act would ban advertising facilitators (like Facebook, Google, and data brokers)

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TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held that the subject faxes, while

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OkCupid Hit with Deceptive Advertising Class Action Lawsuit

April 26, 2017 Last week, a putative deceptive advertising class action lawsuit was filed against Dallas-based online dating company Match Group, Inc. (“Match”) in connection with certain premium paid features available on Match’s OkCupid platform. What is the nature of the claims against Match?

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FTC Settles Deceptive Advertising Lawsuit against Operators of Online “High School”

February 27, 2017 Two weeks ago, the Federal Trade Commission (“FTC”) announced  multi-million dollar settlements with the operators of two online “high schools.”  According to a complaint filed by the FTC last year, Capitol Network Distance Learning Programs and Stepping Stonez Development, LLC, along with their respective principals (collectively, the “Defendants”), falsely advertised that their

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FTC Settles False Advertising Action Against Breathometer, Inc.

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

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FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement.  The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional

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Tech Support Company Settles False Advertising Litigation with FTC

June 23, 2016 On Monday, the Federal Trade Commission (“FTC”) announced its settlement with Vast Tech Support, LLC, OMG Tech Help, LLC and their chief operating officer Mark Donohue (collectively, the “Defendants”) concerning claims that the Defendants used software designed to trick consumers into believing that their computers were infected with viruses.  The parties recently

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