Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the actions of their third-party contractors. Dish has
Covering Your Ads® Blog
Legal Issues Affecting Advertising, Marketing and Promotions
The Covering Your Ads® Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues related to advertising, marketing, and consumer protection. It covers topics such as regulatory compliance with advertising laws, intellectual property concerns in marketing, digital advertising challenges including endorsements and testimonials, pricing transparency regulations, and the legal implications of emerging technologies like NFTs in advertising. The blog also addresses litigation trends involving advertising claims, privacy and cybersecurity issues affecting marketers, and developments in consumer rights related to digital goods and services. It serves as a resource for understanding the intersection of advertising practices and evolving legal standards.
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WannaCry Ransomware Alert
This is not a drill.
Companies and law enforcement agencies around the world have been left scrambling after the world’s most prolific ransomware attack hit over 500,000 computers in 150 countries over a span of only 4 days. The ransomware…
The Kardashians Can’t Keep up with Copyright Law
Khloe Kardashian is the latest Kardashian to find herself in court over her activities on social media. The youngest Kardashian sister was sued by a photographer for copyright infringement in Xposure Photos UK Ltd v Khloe Kardashian et al, 2:17-CV-3088…
Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides
By Ted Max
In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety letters reminding…
Consumer Review Fairness Act’s Point of “No Return”
On December 14, 2016 the United States Congress passed an act known as the “Consumer Review Fairness Act of 2016” (“CRFA”)[1]. The stated goal of this new legislation is “to prohibit the use of certain clauses in form…
#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue
By Tyler Baker
Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media, which Vergara alleged…
Dancing On Their Own: The California Supreme Court’s Decision in McGill v. Citibank, N.A. that Class Action Waivers Do Not Apply to Claims for Public Injunctive Relief under California’s Consumer Protection Laws
By Anna McLean & Joy Siu
On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the Federal Arbitration Act (FAA). In McGill v. Citibank, N.A.,…
Don’t Game Your Players with False Advertising
By James Gatto
Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the Advertising Standards Authority (ASA),…
FTC Requires that iSpring’s “Built in USA” Claims Hold Water
By Ted Max
On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are “Built in USA,” “Built in USA Legendary brand…
FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking
Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC issued a staff report discussing the application…