Advertising, Marketing & Promotions Alert >> “Do Not Track Kids Act” Reintroduced in Congress - Alert - 12/09/2013
By Gary A. Kibel; Allison Fitzpatrick; Alison Winter
Congress recently introduced the "Do Not Track Kids Act" (the Act), which updates sections of the Children’s Online Privacy Protection Act (COPPA) relating to the online collection, use and disclosure of children’s personal information and establishes new protections for the personal information of children and teens.
Advertising, Marketing & Promotions Alert >> Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls Under New TCPA Rules - Alert - 11/19/2013
By Joseph J. Lewczak and Matthew E. Smith
Effective October 2013, the Federal Communications Commission (FCC) revised its rules under the Telephone Consumer Protection Act of 1991 (TCPA) to require “prior express written consent” in order to initiate a telemarketing call or commercial text message to any wireless number using either an autodialer or a prerecorded or artificial voice, and in order to initiate any telephone call to a residential line using a prerecorded or artificial voice, with very limited exceptions. It also made a number of other noteworthy changes to its TCPA rules.
Advertising, Marketing & Promotions Alert >> “Native” Advertising Grows – and So Does the FTC’s Interest - Alert - 11/19/2013
By Joseph J. Lewczak and Vejay G. Lalla
The Federal Trade Commission (FTC) will be holding a workshop in December on “native” advertising, highlighting its growth – and the growing amount of attention the FTC may potentially give to the subject.
Advertising, Marketing & Promotions Alert >> European Union Closer to Enacting Stronger Data Protection Rules and Penalties - Alert - 11/05/2013
by Gary A. Kibel; Celia R. Muller
The Civil Liberties, Justice and Home Affairs (LIBE) Committee of the Parliament of the European Union (EU) has approved amendments to the EU’s draft data protection regulations that, if enacted by the Member States, would significantly strengthen the privacy rules and penalties applicable to international companies that control or process personal data of individuals in the EU.
Advertising, Marketing & Promotions Alert >> New York Attorney General Takes Action Against Fake Online Reviews - Alert - 10/15/2013
By Ronald R. Urbach; Allison Fitzpatrick; Alison Winter
New York Attorney General Eric T. Schneiderman recently announced that 19 companies agreed to cease their practice of writing fake online reviews. These settlements are the result of "Operation Clean Turf," an investigation into the manipulation of consumer-review websites, such as Yelp, Google Local and CitySearch, by the companies that create these fake reviews, as well as the clients that pay for them.
PRNewsonline.com // Getting Your Message Out When Your Hands are (Somewhat) Tied - Press Mention - 10/15/2013
Advertising, Marketing & Promotions Alert >> California Adopts Minors’ Privacy Law - Alert - 10/09/2013
By Gary A. Kibel; Allison Fitzpatrick
California has become the first state in the country to pass a law requiring operators of commercial websites or online services to give minors the ability to remove their online content. The law, which takes effect on January 1, 2015, also imposes restrictions relating to the online marketing of certain products to minors.
The Huffington Post: HuffPost Tech: We've Been Duped: The Fake Reviews That Caused You To Dine Here And Buy That - Published Article - 09/26/2013
By: Allison Fitzpatrick and Alison Winter
In an increasingly tech-reliant world, most of us do not step foot in a restaurant or buy anything online without doing at least a modicum of Internet research. And who better to look to before making a reservation or adding a gadget to your shopping cart than other consumers who have dined at that restaurant and used that gadget? Sadly, some of the reviews we relied upon were, in fact, totally fake.
Advertising, Marketing & Promotions Alert >> Facebook Makes It Easier to Administer Promotions on Its Platform - Alert - 09/17/2013
By: Joseph J. Lewczak and Allison Fitzpatrick
Facebook recently updated its Page terms to make it easier for businesses to create and administer promotions on Facebook. Facebook hopes that these changes will enable more businesses to launch sweepstakes, contests and other promotions on its platform.
2013 Advertising Week Program: Mission Impossible III: Inside Snowden and Beyond; Sponsored by Davis & Gilbert - Press Release - 09/12/2013
Advertising, Marketing & Promotions Alert >> “Do Not Track” Disclosure Bill Likely to Become Law in California - Alert - 09/11/2013
By: Gary A. Kibel
Advertising, Marketing & Promotions Alert >> FDA Issues Final Rule Defining “Gluten-Free” for Food Labeling - Alert - 08/19/2013
By Stuart Lee Friedel and Jennifer B. Soussa
The United States Food and Drug Administration (FDA) has issued its long-awaited final regulation defining the term "gluten-free" for voluntary food labeling. Producers of dietary supplements and food intended for human use will have until August 5, 2014 to comply with this rule.
Perfect Ten: Best Lawyers Honors Ten Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 08/15/2013
Davis & Gilbert is pleased to announce that ten of the firm’s partners have been named to the 2014 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.
Law360.com // $18M Equifax Verdict Will Send Consumers Rushing To Court - Press Mention - 08/07/2013
Advertising, Marketing & Promotions Alert >> Digital Advertising Alliance Offers New Privacy Guidance For Mobile Environment - Alert - 08/01/2013
The core provisions of the Digital Advertising Alliance (DAA) new guidance are not yet in effect and will not be enforced while the mobile industry works on implementation issues, but the “implementation phase” has begun.
Advertising, Marketing & Promotions Alert >> “Fictitious Sales” Litigation Advances In California - Alert - 07/29/2013
A consumer’s lawsuit against Kohl’s Department Store – which was filed as a class action – alleged that the consumer had purchased several items that were advertised as being substantially reduced from their “original” or “regular” prices but that were, in reality, routinely sold by Kohl’s at the advertised “sale” prices. This lawsuit is moving forward as a result of a recent decision by the U.S. Court of Appeals for the Ninth Circuit. The decision highlights the risk to retailers of advertising or promoting “fictitious sales.”