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Advertising › Third-Party Liability

BakerHostetler

FTC Alerts Advertisers and Digital Platforms About Misleading MUSA Claims

BakerHostetler on

There is nothing new about companies providing platforms for other companies to sell their wares. That is, after all, exactly what supermarkets do, and TV and radio networks have long run ads for other companies. The rise of...more

Hinch Newman LLP

Ad Agency Liability and the FTC

Hinch Newman LLP on

Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients. The FTC will consider numerous factors, including, but not limited to, the extent to...more

Saiber LLC

Social Media Influencers Beware!

Saiber LLC on

In Petunia Products, Inc. v. Rodan & Fields, LLC and Molly Sims, the United States District Court for the Central District of California held that a social media influencer - a person “presumed to have the power to affect the...more

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

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Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more

McDermott Will & Schulte

A Sale, or Not a Sale? The Digital Advertising Debate

McDermott Will & Schulte on

The California Consumer Privacy Act (CCPA) requires businesses who engage in “sales” of “personal information,” to offer consumers the right to opt out of such sales via a “Do Not Sell My Personal Information” link or button...more

Womble Bond Dickinson

Unsolicited Fax was not an Ad, Third Circuit Court of Appeal Finds

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On May 28, 2019, the United States Court of Appeals for the Third Circuit affirmed the District Court’s decision to grant summary judgment in favor of Defendants Optum, Inc. and OptumInsight, Inc. related entities...more

Eversheds Sutherland (US) LLP

Who’s calling? Standards for third-party liability under the TCPA

Eversheds Sutherland (US) LLP on

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

Stinson LLP

Emerging Trends Newsletter - Q4

Stinson LLP on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Akerman LLP - Marks, Works & Secrets

False Advertising By Ad Agencies: No Easy Dismissals

Akerman LLP - Marks, Works & Secrets on

On April 20, 2015, in Nestle Purina Petcare Company v. The Blue Buffalo Company, Ltd., the Eastern District of Missouri denied a motion to dismiss claims for false and misleading advertising brought against the advertising...more

Butler Snow LLP

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Butler Snow LLP on

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

Eversheds Sutherland (US) LLP

Legal Alert: Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices

Eversheds Sutherland (US) LLP on

The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties....more

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