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Corporate Counsel Marketing

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Troutman Pepper Locke

2025 Mid-Year Review: State AGs in a New Era

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The United States is navigating a new era of regulatory oversight and the balance of power between federal and state regulators following the 2024 election cycle. As federal agencies retreat from and/or realign their...more

Bradley Arant Boult Cummings LLP

A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule

The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in...more

9Sail

Dear Lawyers: You Don’t Get All Your Business From Referrals, and I Can Prove It

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Here’s a reality check that might sting: while 70% of attorneys believe referrals are their greatest channel for new business, only 30% of in-house counsel actually refer their primary law firm to peers. This massive...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Nancy Myrland - Myrland Marketing & Social...

#LMA25 GC Panel Reveals What Clients Really Want From Law Firms

The In-House Counsel Panel at the 2025 Legal Marketing Association (LMA) Annual Conference offered something that our conference attendees always find valuable: unfiltered client insights....more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Amundsen Davis LLC

TCPA Compliance: Is the Upcoming Opt-Out Rule a Major Game Changer?

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On April 11, 2025, there will be a new Telephone Consumer Protection Act (TCPA) revocation rule for unwanted robocalls and robotexts. This Opt-Out Rule, adopted in February 2024 by the Federal Communications Commissions...more

Kelley Drye & Warren LLP

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

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On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

Kelley Drye & Warren LLP

FTC Delivers $2 Million Reminder About the Mail Order Rule

On Monday, the FTC announced a court order requiring GOAT – an online marketplace for sneakers, apparel, and accessories – to pay more than $2 million for violating the Mail Order Rule, which requires companies to have...more

Harris Beach Murtha PLLC

Tips for Proactively Avoiding Penalties for AI-Related Marketing Claims

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The Federal Trade Commission has taken an important step in the regulation of marketing claims relating to artificial intelligence with the launch of “Operation AI Comply.” This operation marks a significant shift in the...more

Morgan Lewis

FTC Moves to Expand AI Deployment Oversight with ‘Operation AI Comply’

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The Federal Trade Commission (FTC) on September 25, 2024 announced Operation AI Comply, targeting what the agency has characterized as the use of artificial intelligence (AI) “to supercharge deceptive or unfair conduct that...more

Holland & Knight LLP

Novel Settlement Reached in Generative AI Deceptive Trade Practices Healthcare Investigation

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The state of Texas, by and through its Attorney General Ken Paxton, reached a first-of-its-kind settlement agreement with Pieces Technologies Inc. (Pieces) following an investigation into Pieces' alleged violations of the...more

Latham & Watkins LLP

SEC Reels in Fishy NFT Project

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In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers....more

Husch Blackwell LLP

Texas Attorney General Reaches Generative AI Settlement

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Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a...more

Venable LLP

Handle Autorenewal Programs with Care: Federal Trade Commission Targets Care.com for Alleged Dark Patterns and Earnings Claims

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Companies that care about avoiding Federal Trade Commission (FTC) action should take heed. Last month, the FTC announced an $8.5 million settlement with Care.com, resolving claims challenging its advertising claims and...more

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Hudson Cook, LLP

FTC Settlement Offers Plenty to Think About Regarding "Up To" Advertising Claims

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I counsel many clients on advertising compliance, and one frequent topic of discussion in that work relates to use of "up to" and "as low as" advertising claims. Companies naturally want to give this information to potential...more

Kelley Drye & Warren LLP

Ninth Circuit Considers the Meaning of an ​“Up to” Claim

Energizer claimed that its AA MAX batteries are ​“up to 50% longer lasting than basic alkaline in demanding devices.” Two California men purchased those batteries based on that claim and later filed a lawsuit against the...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for April 2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •The SEC’s first “Shadow Trading” trial; •SCOTUS’s...more

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