Gary Hailey

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 …Gonna show the world your private parts (From the 2012 song “Revenge Porn!” by Blood on the Dance Floor) When a partner of mine asked me if I had heard about the FTC’s “revenge porn” case, I thought she was pulling my leg. But she wasn’t.  It turns out that the Federal Trade Commission recently accepted a consent agreement with alleged revenge-pornster Craig Brittain. The fact that the FTC had gone after a revenge-porn website…
You don’t tug on Superman’s cape.  You don’t spit into the wind.  You don’t pull the mask off that old Lone Ranger. Thanks to the late Jim Croce, you know all that.  I know it, too.  And I’m sure the people at Jewel Food Stores know it. But what Jewel didn’t know is that you don’t mess around with Mike – meaning basketball great Michael Jordan — by running a full-page ad in Sports Illustrated…
The Federal Trade Commission is devoting a lot of attention to “up to” claims these days. All About Advertising Law tries to keep its readers fully informed about what the FTC is up to, so we’ve been devoting a lot of attention to “up to” claims as well.  We wouldn’t be performing up to snuff if we failed to stay on top of this issue. You may have had it up to here with all…
Did you hear the news?  The Supreme Court has ruled that lies have First Amendment protection. I’m not just talking about little white lies, or half-truths, or artful omissions – I’m talking about great big whoppers, like claiming at a public meeting that you were awarded the Congressional Medal of Honor when you were never even in the military. I’m not lying, folks – if you don’t believe me, just take a gander at United
A federal judge in Los Angeles recently granted the FTC’s motion for summary judgment in the agency’s case against a number of corporate and individual defendants who created and marketed three money-making programs. There’s a lot to chew on in that decision. But today we’re just going to highlight one footnote – footnote 88, which quotes from the FTC’s 2005 decision in the Telebrands case. “[The administrative law judge held correctly that as a matter…
Deception is the Primary Thing That We Advertising and Marketing Lawyers Have to Worry About.  But It Isn’t the Only Thing. Claims that certain types of ads are “unfair” or violate public policy have gained considerable traction overseas in recent months.  For example, there is a brand-new Israeli law that bans the use of overly thin models in advertising.  That law certainly isn’t aimed at deception – it was passed because of concerns that the…
I tip my cap to the person (or persons) who came up with DIRECTV’s current television ad campaign.  “Don’t have a grandson with a dog collar!” is the most memorable advertising tagline I’ve heard in a long, long time. Imitation is the sincerest form of flattery, and I thought that writing this post in the style of the “Don’t have a grandson with a dog collar!” ad campaign might help make it more entertaining reading. …
Late last month the Federal Trade Commission and Florida Attorney General’s Office obtained a consent order against defendants who used Spanish-language television and radio spots to advertise a deceptive prize promotion.  Consumers who called in response to the ads were told that they had won a valuable vacation package and asked to pay $200-$400 in taxes or fees.  But no one received the promised prize. The U.S. Census Bureau says that over 55 million Americans…