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  2. Advertising, Data Collection & Privacy

Insights on Advertising, Data Collection & Privacy

99 total results. Page 3 of 4.

The Fine Print
Court Finds Online Data Collection Legal Under California’s Song-Beverly Act
May 21, 2015
Anthony V. Lupo, Thorne Maginnis

A California appeals court recently held in Ambers v. Beverages & More, Inc. that retailers are permitted under state law to request customers’ personal information when goods are purchased online but picked up in person.

Alerts
On-Demand TCPA Plaintiffs? There’s An App For That
May 4, 2015
Adam D. Bowser, Anthony V. Lupo

The Telephone Consumer Protection Act was enacted to protect consumers from abusive telemarketing practices by making it unlawful to initiate unsolicited telemarketing messages.

The Fine Print
Brave New World: Wearable Devices Pose Security Challenge for Businesses
April 28, 2015
Anthony V. Lupo, Dan Jasnow

With the release of the Apple Watch, a number of companies are likely to grapple with an increasingly common problem: how to secure sensitive company data and information in the age of wearables.

Fashion Counsel
Clothing Retailers Agree to Settle ZIP Code Lawsuit with Gift Cards
April 20, 2015
Anthony V. Lupo, Katie Heilman

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

Alerts
FDA Issues Warning Letter to Skin Authority
April 10, 2015
Brian P. Waldman

The US Food and Drug Administration recently sent a Warning Letter to Skin Authority, LLC, due to marketing claims used by the company to promote its personal care products.

Fashion Counsel
Seller Beware: ‘No Refund,’ ‘No Cancellation’ & ‘No Exchange’ Provisions in Certain Sales Contracts May Be Unenforceable
April 8, 2015
Anthony V. Lupo, Kelli Scheid Smith

In 2013, David and Katina Spade purchased a mattress from Select Comfort Corp. (doing business as Sleep Number) that featured remote control operation of the height of the foot and head portions of the mattress.

The Fine Print
The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements
April 1, 2015

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements.

The Fine Print
Saks Wants Proposed Class Action over Return Policy Dismissed
March 31, 2015
Anthony V. Lupo

Consumer class actions against fashion retailers are on the rise, and the most recent target is Saks Fifth Avenue.

The Fine Print
Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’
March 25, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot.

Alerts
When the Music Stops: NY Court of Appeals Limits Meaning of ‘Affiliate’
March 24, 2015
Anthony V. Lupo, Kelli Scheid Smith

The New York Court of Appeals recently held in Ellington v. EMI Music, Inc. that the term “affiliates” in a copyright renewal agreement referred only to affiliates existing at the time of contract execution.

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.

Alerts
FDA Issues Warning Letter to L’Oreal for Skin Pigmentation Claims
March 3, 2015
Wayne H. Matelski, Brian P. Waldman

Recently, the US Food and Drug Administration issued a Warning Letter to L’Oreal USA for marketing its cosmetic products, “Rosalic AR Intense” and “Mela-D Pigment Control,” with claims deemed by FDA to be drug claims.

Fashion Counsel
When Employees Talk: Key Issues for the Fashion Industry & Social Media
February 25, 2015
Anthony V. Lupo, Michael L. Stevens

In this episode of Fashion Counsel, Partner Anthony Lupo talks with L&E Partner Michael L. Stevens about key issues fashion companies should consider when approaching employees about their social media activities.

The Fine Print
FDRA Holds Briefing to Discuss Latest Cybersecurity Trends
February 11, 2015
Anthony V. Lupo, Matthew R. Mills, Thorne Maginnis, Dan Jasnow

Last week, the Footwear Distributers and Retailers of America hosted a briefing on cybersecurity trends in the retail industry.

Fashion Counsel
Massachusetts Issues Draft Guidance on POS Transaction Recordkeeping
January 14, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The Massachusetts Department of Revenue recently issued a draft directive setting out what records must be kept for all vendors, retailers, and contractors using computerized point-of-sale systems.

The Fine Print
California Attorney General Reports Upswing in Data Breaches
December 18, 2014
Anthony V. Lupo, Dan Jasnow, Thorne Maginnis

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers.

Fashion Counsel
Dictating the Use of a Celebrity’s Likeness
December 16, 2014
Anthony V. Lupo, Dan Jasnow

Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit.

Fashion Counsel
Incentives & Promotions in the Fashion Arena: The FTC Weighs In
December 11, 2014
Anthony V. Lupo, Brian D. Schneider

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics.

Alerts
FTC’s New Chief Technologist Outlines Regulatory Agenda
December 5, 2014
Anthony V. Lupo, Matthew R. Mills

The Federal Trade Commission recently named Ashkan Soltani as its newest Chief Technologist.

The Fine Print
Ikea Seeks Class Decertification in ZIP Code Case
December 2, 2014
Anthony V. Lupo, Dan Jasnow

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained.

The Fine Print
Results of Caffeinated Shapewear? Slim to None
November 10, 2014
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The Federal Trade Commission (FTC) recently settled with two separate marketers of women’s undergarments over charges that the companies made false and misleading claims about the weight loss and fat burning benefits of caffeine-infused shapewear products.

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
California Class Actions? Bass Pro Finds It’s Like Shootin’ Fish in a Barrel
September 29, 2014
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The outdoor sporting goods company Bass Pro recently agreed to pay $6 million to settle claims that it violated California privacy laws.

Fashion Counsel
At Outlets, Consumers Say Deals are Too Good to Be True
September 12, 2014
Anthony V. Lupo, Dan Jasnow

A flurry of recent class action lawsuits is forcing clothing retailers to rethink their marketing tactics for outlet stores.

Fashion Counsel
We’re Not Getting Any Younger: L’Oréal Settles FTC Charges Over Deceptive Anti-Aging Claims
September 9, 2014
Anthony V. Lupo

FTC settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products.

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