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  2. Advertising, Data Collection & Privacy

Insights on Advertising, Data Collection & Privacy

99 total results. Page 2 of 4.

The Fine Print
These Prices are Healthy?! GNC Sued for Alleged Fake Pricing
May 5, 2016
Matthew R. Mills

A recent lawsuit filed against GNC serves as a reminder that companies need to ensure that prices listed as “regular prices” are substantiated.

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
FTC Targets Retailers Offering Tweets for Pay
April 8, 2016
Anthony V. Lupo, Dan Jasnow

Social media disclosures may cause heart palpitations for advertisers and copywriters, but the Federal Trade Commission isn’t backing down.

The Fine Print
Costco Looks to Knock Out FACTA Receipt Class Action
March 28, 2016
Anthony V. Lupo, Matthew R. Mills, Thorne Maginnis

Costco Wholesale Corporation recently moved to dismiss a class action lawsuit alleging that the discount retailer printed more than the last five digits of a customer’s credit card number on her receipt, in violation of the Fair and Accurate Credit Transactions Act.

The Fine Print
Amazon Fights Injunction in FTC Action Over In-App Billing Practices
February 24, 2016
Anthony V. Lupo, Thorne Maginnis

Amazon.com, Inc. recently moved for partial summary judgment in lawsuit brought by the FTC alleging the company unfairly billed users for “in-app purchases.”

Fashion Counsel
CFPB: Get Proper Consent for Recurring Debit Transactions, or Else!
January 29, 2016
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

As 2016 gets underway, companies should be mindful that regulators are paying close attention to automatic recurring debit transactions.

Fashion Counsel
Deal or No Deal? Class Action Alleges Macy’s Offered Misleading Sale Prices
January 26, 2016
Anthony V. Lupo, Thorne Maginnis

Macy’s, Inc. and subsidiary Bloomingdale’s, Inc. were recently served with a class action complaint alleging that the retail chains misled consumers with a “phantom pricing scheme” that inflated the savings available on items marked for sale.

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
‘World of Warcraft’ Creator Takes Battle to Court Over Game’s Characters
December 29, 2015
Anthony V. Lupo, Thorne Maginnis

A federal judge in the Northern District of California recently dismissed a complaint in which video game producers claimed that characters from their games had been misappropriated by competing developers, in violation of copyright law.

Fashion Counsel
Imitation the Sincerest Form of Flattery? Court Dismisses Video Gamer’s Right of Publicity Claim
December 23, 2015
Anthony V. Lupo, Thorne Maginnis

A judge in New Jersey federal district court recently dismissed a lawsuit brought against The Cartoon Network by a renowned video gamer.

Alerts
Nordstrom and Jeans Company Pay $4M to Settle ‘Made in USA’ Claim
December 7, 2015
Anthony V. Lupo

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.”

The Fine Print
Is the Price Right? Nordstrom Facing Class Action Over ‘Compare At’ Pricing
December 1, 2015
Anthony V. Lupo, Thorne Maginnis

A federal judge for the Southern District of California recently held in Branca v. Nordstrom, Inc. that a class action could proceed with claims that Nordstrom made deceptive savings claims at a Nordstrom Rack store.

Alerts
District Court Gives Go-Ahead to Marilyn Monroe’s Estate on False Endorsement Claim
November 3, 2015
Anthony V. Lupo, Thorne Maginnis
Alerts
Warranties Go Digital: Manufacturers Gain Flexibility with E-Warranty Act
November 2, 2015
Emily Cowley Leongini

The E-Warranty Act of 2015 was recently signed into law, amending the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, to permit manufacturers and sellers of consumer products the option to post written warranties online.

The Fine Print
10 Steps to Mitigate A Data Breach Before It Happens
October 5, 2015

These action items will not only put you in a better position when a breach arises, but you will have the right answers when a regulator calls.

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).

Fashion Counsel
California Governor Signs Bill Aimed at Aligning Nationwide ‘Made in USA’ Labeling Requirements
September 4, 2015
Anthony V. Lupo

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

The Fine Print
FuelBand Advertising Claims Spark Settlement Agreement
August 10, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.

The Fine Print
California Court Clarifies Scope of Song-Beverly
July 10, 2015
Anthony V. Lupo, Katie Heilman, Dan Jasnow

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

Fashion Counsel
Court Certifies Class Action Alleging Fictitious ‘Sale’ Prices by J.C. Penney
July 6, 2015
Anthony V. Lupo

A California federal judge recently certified a class action lawsuit that alleges violations of California consumer protection laws by J.C. Penney Corporation, Inc.

Fashion Counsel
PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provisions
July 1, 2015
Adam D. Bowser, Anthony V. Lupo

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages.

The Fine Print
Supreme Court to Decide Whether Victim of Privacy Breach Can Recover Damages Without Showing Harm
June 15, 2015
Anthony V. Lupo, Katie Heilman

There is a split among circuit courts over whether a company faced with a privacy breach is subject to liability where a consumer suffers no discernible harm.

The Fine Print
Advertisers Beware: New FTC Guidance Signals Tough Stance on Endorsements
June 11, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

The Fine Print
Court Holds Retailers Can Record Birth Dates of Consumers Using Credit Cards to Buy Alcohol
June 2, 2015
Anthony V. Lupo, Katie Heilman

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.

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