In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more
7/23/2025
/ Class Action ,
Do Not Call List ,
FCC ,
Hobbs Act ,
Judicial Deference ,
Judicial Review ,
Litigation Strategies ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more
5/1/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Proposed Rules ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing
Social media influencing is an estimated $30 billion annual global industry, with brands increasingly electing to partner with influencers over traditional marketing channels.
But, while social media and influencer...more
On Friday, January 24, 2025, just one business day before it was to take effect on January 27, the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule that was adopted as an...more
1/30/2025
/ Appeals ,
Chevron Deference ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Privacy ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Agenda ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing
Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more
Now that we’ve entered the holiday season, retailers everywhere are ramping up their promotions, offering discounts, special sales, and even “free” items. But in the frenzy to capture consumers’ attention and generate...more
In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a...more
12/22/2023
/ Auto-Dialed Calls ,
Consent ,
Consumer Protection Laws ,
FCC ,
Lead Generators ,
Marketing ,
New Rules ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages
Generative AI is becoming increasingly popular across various industries due to its ability to improve efficiency and creativity. Specifically, companies can use AI to generate marketing materials, social media posts, product...more
There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more
1/11/2023
/ Copyright ,
Design Patent ,
Digital Assets ,
Fashion Branding ,
Fashion Industry ,
Intellectual Property Protection ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Smart Contracts ,
Trade Dress ,
Trademarks ,
USPTO
In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more
Many shoppers will not purchase any product or service without first reading the reviews of prior customers. Therefore, retailers may be tempted to more prominently display the positive reviews and/or suppress negative...more
The U.S. Federal Trade Commission (FTC) recently finalized a rule, which became effective August 13, 2021, to deter what the FTC refers to as “Rampant Made in USA Fraud.” The rule does not impose any new requirements on...more
In a landmark decision that will impact all companies that communicate with their customers via text or phone calls, the U.S. Supreme Court earlier this month overturned a broad interpretation that some federal courts had...more
Many companies will be running sweepstakes and contests during the holidays and promoting them on Facebook, Instagram, and other social media platforms. If your company is planning a holiday promotion using social media, you...more
The Federal Trade Commission (“FTC”) recently released a new guide entitled “Disclosures 101 for Social Media Influencers” and a related video. The Disclosures 101 Guide describes in plain, easy-to-read language the...more
12/20/2019
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
New Guidance ,
Online Endorsements ,
Personal Liability ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites