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Insights on Mobile & Direct Marketing

28 total results. Page 1 of 2.

The Fine Print
Wireless Providers Dispute Legitimacy of ‘5G Evolution’ Network
December 20, 2019
Matthew R. Mills, Dan Jasnow

AT&T is facing another potential setback to its “5G Evolution” advertising campaign after the National Advertising Division of the Better Business Bureau concluded that AT&T’s “5G E” claims are misleading to consumers. AT&T intends to appeal the NAD’s decision.

Alerts
California Attorney General Crowdsources Privacy Policing to Consumers
November 28, 2016
Fashion Counsel
J Crew Hit with Class Action over Online Factory Store Prices
April 21, 2016
Anthony V. Lupo, Matthew R. Mills, Thorne Maginnis

J Crew Group Inc. was recently hit with a nationwide class action lawsuit alleging that the clothing retailer offers fictitious sales on the J Crew Factory store website.

The Fine Print
Is It or Isn’t It? FTC Issues Guidance to Companies on Native Advertising
January 19, 2016
Anthony V. Lupo, Matthew R. Mills

The Federal Trade Commission recently issued its long-anticipated guidance on native advertising.

Fashion Counsel
Better Off Without It: FTC Telemarketing Sales Rule Amended to Ban Abusive Payment Methods
January 15, 2016
Anthony V. Lupo, Matthew R. Mills

The Federal Trade Commission amended its Telemarketing Sales Rule at the end of 2015 to ban certain forms of abusive payment methods.

The Fine Print
FTC Says Retailers Bamboozled Customers with Misleading ‘Bamboo’ Products
January 5, 2016
Thorne Maginnis

The Federal Trade Commission has a reached a settlement agreement with several major retailers, including Nordstrom, Bed Bath & Beyond, and JCPenney, over claims that they improperly labeled and advertised rayon products as being made of bamboo.

The Fine Print
National Advertising Initiative Updates Rules for Data Collection on Mobile Apps
December 9, 2015
Thorne Maginnis

The Network Advertising Initiative (NAI), an advertising industry trade group for third-party advertisers, recently released the 2015 update to its Mobile Application Code.

Alerts
Cross-Device Tracking: The New Frontier in Interest-Based Advertising
December 3, 2015
Anthony V. Lupo, Thorne Maginnis

The FTC may start to scrutinize marketers that engage in cross-device tracking. Advertisers engaged in cross-device tracking should review their online disclosures to ensure that the tracking is adequately described.

The Fine Print
Online Retailers Beware: ADA Expansion to Require Enhanced Web Accessibility for Disabled
September 11, 2015
Anthony V. Lupo

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).

Alerts
September 1st Looms as Key Enforcement Deadline for Mobile Advertisers
June 30, 2015
Dan Jasnow

Beginning September 1, 2015, many companies that engage in mobile advertising will be subject to a new level of scrutiny by industry watch dogs.

The Fine Print
Dating App Stops Attempt at Native Advertising
March 13, 2015
Anthony V. Lupo, Matthew R. Mills, Thorne Maginnis

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.

The Fine Print
EU Says ‘Freemiums’ Can No Longer be Called ‘Free’
February 26, 2015
Anthony V. Lupo, Matthew R. Mills, Thorne Maginnis

Apple Inc. and other leading technology companies have reached an agreement with the European Union (EU) regarding their use of the word “free” in relation to mobile applications. The EU alleged that the companies were labeling apps as “free” in contexts that were likely to mislead consumers.

The Fine Print
The FTC Releases Report on the Internet of Things
January 30, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.”

Fashion Counsel
BOGO? More Like ‘No Go’
November 7, 2014
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

FTC recently brought its first case under the 2010 Restore Online Shoppers’ Confidence Act that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.

The Fine Print
FTC Lends Support to Federal Geolocation Data Bill
September 25, 2014
Dan Jasnow

In testimony before the US Senate Judiciary Committee earlier this summer, the Federal Trade Commission (FTC) lent its support to federal legislation that would require businesses to obtain “affirmative express consent” from consumers before collecting geolocation data from mobile devices.

The Fine Print
You’re Not Gonna Like This! Facebook Limits Advertisers’ Options for Boosting Likes
September 19, 2014
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

Thanks to a recently announced change to Facebook’s “Platform Policy,” it will soon become more difficult for companies to get consumers to “like” their Facebook page as part of a promotional campaign. The change will take effect on November 5, 2014.

The Fine Print
How the Cookie Crumbles: Cookie Enforcement Sweeps Begin in EU
September 16, 2014
Anthony V. Lupo

European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.”

The Fine Print
Poor Mobile App Security Draws FTC’s Attention
May 14, 2014
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet.

Alerts
FTC Warns Cole Haan Over Pinterest Contest
April 17, 2014
Anthony V. Lupo, Dan Jasnow

The Federal Trade Commission alleged that a 2014 promotional contest on Pinterest violated Section 5 of the FTC Act.

The Fine Print
Oh BehAve! The BBB Is Watching
February 27, 2014

The Council of Better Business Bureaus (BBB) recently announced that it will be increasing its enforcement efforts for website operators that participate in online behavioral advertising (OBA), which is targeted advertising to consumers based upon their interests.

The Fine Print
Searching for Answers over Keyword Searches: CDA Blocks State Law IP Claims
January 3, 2014
Anthony V. Lupo, Dan Jasnow

Some companies are crying foul on keyword advertisements– arguing that the keyword ads are so close to consumer searches that they violate the companies’ intellectual property rights.

The Fine Print
Never Mind the NSA, Privacy Groups Set Sights on Big Retail
January 2, 2014
Anthony V. Lupo, Dan Jasnow

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers.

The Fine Print
Recent Changes to Facebook Promotions Guidelines is Good News for Marketers
October 11, 2013

If you’re a business owner thinking about running a promotion on Facebook, your life just got a little bit easier.

Alerts
Mobile App and Web Advertising Guidelines Released
August 2, 2013
Fashion Counsel
Skechers Pays Up in ‘Shape-Up’ Class Actions
August 2, 2013
Anthony V. Lupo

July marked the latest milestone in the years-long legal proceedings related to Skechers USA, Inc.’s marketing and sale of toning shoes.

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