June 23, 2017 This month, Trusted Media Brands, Inc. (“TMBI”) – the publisher of Reader’s Digest, Every Day with Rachael Ray and other popular magazines – settled a federal class action lawsuit in Manhattan for over $8 million, reinforcing the importance of consulting with an experienced privacy lawyer when collecting and/or selling customers’ personally identifiable…

June 22, 2017 News out of New York and New Jersey this week indicates that additional e-cig regulations could soon affect consumers, manufacturers, and marketers alike.  Given the size of the market, it is incumbent to keep a watchful eye on these potential industry-changing developments. What are the proposed e-cig regulations?

June 15, 2017 This Monday, The Honest Company, Inc. (“Honest”) and two named plaintiffs notified a federal district court in Manhattan that the parties have settled their lawsuit on a class-wide basis in connection with Honest’s “natural” product advertising. How can product manufacturers protect themselves from similar legal risk?

June 14, 2017 On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action.  In doing so, the district judge chided the “professional class action plaintiff” due to its demonstrable dishonesty in responding to discovery demands.  In addition,…

June 13, 2017 A recent decision issued by the United States District Court for the Northern District of Illinois has brought renewed emphasis to the importance of prominently displaying TCPA consent language in Internet marketing.  In a case chiefly concerning alleged deceptive marketing practices, the ruling touches upon Telephone Consumer Protection Act (“TCPA”) and Internet…

June 7, 2017 Prize promotion and risk management company SCA Promotions, Inc. (“SCA”) recently asked the Fifth Circuit to overturn a Dallas federal court’s judgment on appeal in SCA’s March Madness sweepstakes lawsuit against Yahoo! Inc. (“Yahoo”). How can contest and sweepstakes sponsors protect themselves?

June 2, 2017 This week, the Federal Trade Commission (“FTC”) announced that it had reached a settlement of charges against two brothers for deceptive advertising in connection with fabricated online reviews.  Specifically, the FTC alleged that the brothers directed consumers to websites which they claimed were independent, without disclosing the fact that one of the…

June 1, 2017 Last week, the United States District Court for the District of New Jersey denied Avis Rent A Car System, L.L.C.’s (“Avis”) motion to compel arbitration in a putative Telephone Consumer Protection Act (“TCPA”) class action.  In that action, the named plaintiff claims that when renting a car via Avis’s website, each consumer…

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