About Us
Most are familiar with the venerable Latin axiom, “caveat emptor” – let the buyer beware. Well, in today's world, the advertising and marketing of goods and services is no longer a free-for-all. Laws and regulations address what sellers can say, to whom, when and how – and what they can do with the information they collect. This blog looks at those rules and at how they are being enforced and interpreted.
Topics
Recent Posts
- “App Law”: Development Continues
- Police Surveillance - There's An App For That?
- Prepare To Be Inundated? Supreme Court Affirms Federal Jurisdiction of TCPA Suits
- Nutella: Part of a Tasty Balanced Breakfast, Just Like Chocolate Syrup
- Redbox Revisited: Just What Is An Electronic Transaction?
- The Brave New World of Internet Domains
- Judge Orders Clorox to Bury Deceptive Kitty Litter Ad
- Zip Codes and Class Actions: A Blossoming Relationship.
- Is Best Buy Stalking You?
- "Cereal Crimes" or Naturally Delicious?
“App Law”: Development Continues
Earlier this week, the Federal Trade Commission sent letters to developers of six “background screening” applications, warning marketers and developers of the apps that providing information about criminal records may violate the Fair Credit Reporting Act. Read More ›
Police Surveillance - There's An App For That?
I’ll admit it. I feel naked without my Blackberry. Even going down to the food court in my building sans smartphone is enough to send a surge of stress hormones through my veins. What if a client needs me while I’m in line for a burrito? Read More ›
Prepare To Be Inundated? Supreme Court Affirms Federal Jurisdiction of TCPA Suits
The Supreme Court’s ruling in Mims v. Arrow Financial Services Ltd. last week put to rest the question of whether state courts are the “exclusive arbiters” of private rights of action under the Telephone Consumer Protection Act. The answer is a unanimous no, and the path is now clear for private plaintiffs to bring an action for violation of the TCPA in either state or federal court. Read More ›
Nutella: Part of a Tasty Balanced Breakfast, Just Like Chocolate Syrup
In 2009, my wife and I were introduced to Nutella. It was a wonderful, delicious time. Read More ›
Redbox Revisited: Just What Is An Electronic Transaction?
Loyal blog readers may recall my paean to Redbox back in September. In that earlier post, I described a putative class action filed in federal court in California. The suit alleges that Redbox collects zip codes from credit card purchasers in violation of California’s Beverly-Song Act. Read More ›
The Brave New World of Internet Domains
Beginning tomorrow, you too can have your own domain! Perhaps. Read More ›
Judge Orders Clorox to Bury Deceptive Kitty Litter Ad
Taking a break from his public dustup with the Securities and Exchange Commission, United States District Judge Jed Rakoff of the Southern District of New York recently waded into the gritty depths of the kitty litter advertising world. Read More ›
Zip Codes and Class Actions: A Blossoming Relationship.
The number of class actions against retailers who request customers' ZIP codes is growing. The potential liability of those retailers may be growing, as well. Read More ›
Is Best Buy Stalking You?
In 1989, 21-year old Rebecca Schaeffer had just starred in a rather unsuccessful CBS sitcom called My Sister Sam. CBS canceled the show in 1988 due to exceptionally low ratings, but Ms. Schaeffer’s TV career was on the rise. Read More ›
"Cereal Crimes" or Naturally Delicious?
Last Friday, General Mills Inc. joined the growing list of companies facing consumer class actions over “All-Natural” claims on food products. The complaint alleges that General Mills’ Original Kix Crispy Corn Puffs and Honey Kix Crispy Corn Puffs are advertised as containing “all natural corn” or “all natural corn & honey” but actually contain corn “derived from unnatural genetically modified plants.” Read More ›