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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.

Showing 3 posts in Advertising/Marketing Litigation.

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 ›

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 ›