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Insights on Advertising & Promotions

284 total results. Page 6 of 12.

The Fine Print
Show Me the Loot! Loot Boxes Driving Gambling Talks Around the Globe
December 5, 2017

Belgium, Australia, the United Kingdom, and the State of Hawaii are looking into the lawfulness of “loot boxes” in mobile games. “Loot boxes” are virtual prize packages that may be purchased in mobile games where the player is unaware of what virtual items are inside the package until following the

Fashion Counsel
Online Mandatory Arbitration Provision Stops Class Action from Moving Forward
October 3, 2017
Anthony V. Lupo, Diana S. Bae, Wesley T. Gee

Online arbitration provision for a web-based application is enforceable, reversing a lower court decision and essentially blocking a proposed class action.

The Fine Print
It’s Every Influencer for Themselves as FTC Settles Debut Case Against Individual Social Stars
September 13, 2017
Dan Jasnow

Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures.

The Fine Print
Read Here to Update: Privacy Policies, Connectivity, and Consent in the Age of the GDPR
August 25, 2017
Anthony V. Lupo

Thinking about updating your privacy policy? Consider how to get consumer buy-in as part of the process.

Alerts
Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging
August 18, 2017
Brian D. Schneider

An online retailer pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media.

Press Release
The Best Lawyers in America 2018 Recognizes 42 Arent Fox Attorneys
August 16, 2017

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2018.

The Fine Print
Instagram Signals to #Influencers That There’s a #NewSheriff in Town
August 16, 2017
Anthony V. Lupo, Dan Jasnow

Instagram is rolling out a new tool that will make it easier to tag and track paid commercial content.

Fashion Counsel
Growing Trend? Another Court Rules Against Retailer on Website ADA Claim
June 21, 2017
Anthony V. Lupo, Sara T. Schneider

In April 2016, we issued an alert regarding a California Superior Court’s summary judgment ruling against a retailer on claims that its website violated the Americans with Disabilities Act.

Alerts
Door Remains Open on ‘Closing Letters’ – FTC Issues 7 Closing Letters on Made in USA
May 15, 2017

March and April were very busy months for the Federal Trade Commission’s Office of Consumer Protection staff who focus on “Made in USA” enforcement.

The Fine Print
FTC Fires Warning Shot Over Misleading Instagram Posts
May 11, 2017
Matthew R. Mills, Thorne Maginnis

The Federal Trade Commission recently sent more than 90 letters to celebrities, athletes, and other influencers reminding them that brand endorsements made in social media posts must comply with the FTC’s Endorsement Guides.

Fashion Counsel
The Next Wave of Class Action Lawsuits Against Fashion Retailers: Excess Shipping and Handling Fees
March 7, 2017
Anthony V. Lupo

Based on recent federal court filings in the Central District of California, it appears that plaintiff lawyers have found a new way to threaten retailers with class action litigation.

Alerts
Consumer Review Fairness Act of 2016
February 10, 2017
Anthony V. Lupo

The CRFA (2016) voids a contract if it prohibits or restricts an individual from reviewing a seller’s goods, services, or conduct.

The Fine Print
At PrivacyCon, Researchers Discuss Today’s New Technologies, Highlight Not-So-New Privacy and Security Issues
January 31, 2017
Press Release
Arent Fox Announces 2017 Promotions to Partner and Counsel
January 3, 2017

Arent Fox LLP is pleased to announce the election of five new partners and two new counsel, effective January 1, 2017.

Fashion Counsel
Retailers May Face False Advertising Suits Even If Consumers Learn the ‘Truth’ Before Making a Purchase
December 23, 2016
Anthony V. Lupo, Dan Jasnow

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.

The Fine Print
Ho-Ho-Ho! Retailers Beware When Advertising
December 15, 2016
Allan E. Anderson, Anthony V. Lupo

Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy’s, Sears, and JC Penney were just sued by the Los Angeles City Attorney for allegedly deceiving consumers by using a false original “reference price.”

Alerts
California Attorney General Crowdsources Privacy Policing to Consumers
November 28, 2016
Alerts
Another Court Finds Group Messaging Platforms Fall Outside the TCPA
October 3, 2016
Adam D. Bowser

Recently another federal district court ruled that text messages sent from a group messaging platform were not autodialed, even when transmitted in bulk, because of the significant human intervention required to initiate a text message campaign through the platform.

Press Release
The Best Lawyers in America 2017 Recognizes 42 Arent Fox Attorneys
August 16, 2016

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2017.

The Fine Print
FTC Flexes Security Muscles in ASUSTek Settlement & LabMD Reversal
August 5, 2016

The Federal Trade Commission recently asserted its data security authority in two recent back-to-back enforcement actions, only a day apart from each other.

Fashion Counsel
What Global Fashion Companies Need to Know About the GDPR If They Collect EU Personal Data
July 25, 2016
Anthony V. Lupo

The GDPR lays out requirements for organizations that process EU residents’ data and generally provides people increased control over their personal data.

The Fine Print
Triple Threat: Chinese Ad Company’s Malware Raises Ad Fraud, Cybersecurity & Privacy Concerns
July 19, 2016
Anthony V. Lupo, Matthew R. Mills

Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses. 

The Fine Print
Caution! Children at Play: Mobile Advertiser Settles with FTC Over Geo-Tracking and COPPA Concerns
July 5, 2016

Mobile advertising company InMobi, whose advertising network reaches more than one billion devices worldwide through thousands of apps, has settled with the Federal Trade Commission over charges that it “deceptively tracked” the locations of hundreds of millions of consumers without their knowledge

The Fine Print
Consumer Watchdogs Attack Cable Companies’ Privacy Practices, Bark at Privacy Cops
June 24, 2016
Adam D. Bowser

Consumer advocate groups—Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission agai

The Fine Print
EU Reg Would Ban Retail Companies From Using Geo-Tracking In Online Shopping
June 6, 2016
Anthony V. Lupo

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping.

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