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
- Shape Up Substantiation or Tone Down Claims
- Redbox and Robert Bork
- FTC Approves COPPA "Safe Harbor" Program
- “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
Behnam Dayanim
bd@avhlaw.com
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Behn is co-chair of Axinn, Veltrop & Harkrider LLP’s Litigation and Regulatory practice and blog moderator.
M. Lily Woodland
mlw@avhlaw.com
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Lily practices in AVH’s Litigation and Regulatory group, defending consumer class actions and advising on advertising, marketing, gaming and other issues.
NAD Decisions: A Road Map to Class Litigation?
Many advertisers are familiar with the National Advertising Division of the Council of Better Business Bureaus, or "NAD." For decades, the NAD has provided a convenient, speedy and affordable forum for companies to resolve advertising disputes, without many of the downsides of litigation. Yet, as we explain in a recent article just published by Law360, the risk-benefit calculation may be changing.
With increasing frequency, plaintiffs' lawyers appear to be latching onto NAD decisions as sources for putative class claims. A growing awareness of NAD among courts and the bar, and the increasing detail in its decisions, has fueled this apparent trend. In our Law360 article, we discuss this problem and present at least one possible (partial) solution.