Searching Content by Joseph Lewczak from Davis & Gilbert ordered by Published Date Descending.
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Telemarketing >> Telemarketing Lawsuits Fueled By Regulatory Uncertainty
Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA).
United States
18 Jul 2019
Alcohol >> The TTB Ramps Up Enforcement Over Trade Practices
Over the past year, the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) has substantially increased enforcement in the alcohol industry.
United States
17 Jul 2019
Intellectual Property Alert >> Patent And Trademark Office Clarifies Rules For Cannabis Trademarks
The U.S. Patent and Trademark Office (USPTO) has traditionally refused registration of cannabis and cannabis-related offerings because "use in commerce" under the Trademark Act means "use in lawful commerce" and such offerings were prohibited under federal law.
United States
12 Jul 2019
Advertising, Marketing & Promotions Alert >> FTC Plans Workshop On ‘Loot Boxes'
The Federal Trade Commission (FTC) will be holding a public workshop on August 7, 2019 on video game "loot boxes" following concerns raised by U.S. Senator Maggie Hassan.
United States
30 Apr 2019
Advertising, Marketing & Promotions Alert >> FTC Brings First Action Against Company For Posting Fake Reviews
The Federal Trade Commission (FTC) has brought its first court case alleging that a marketer violated federal law by paying for fake reviews to be written and posted on an independent retail website.
United States
21 Mar 2019
Advertising, Marketing & Promotions Alert >> Mastercard Announces New Free Trial Rules For Merchants
Mastercard recently announced that it will be imposing new obligations on merchants that offer free trials to consumers
United States
12 Feb 2019
Litigation Alert >> "Dialing It Back?" Federal Courts Weigh In On "Autodialers" After Appeals Court Strikes Down FCC Interpretation Of TCPA
Following a March 2018 by the United States Court of Appeals for the D.C. Circuit that rejected certain Federal Communications Commission (FCC) interpretations of the Telephone Consumer Protection Act ...
United States
26 Jun 2018
Recreational Marijuana >>A Watershed Year For Recreational Marijuana Industry's Growth
In November 2016, four more states legalized recreational marijuana use, sparking the roll-out of state and local regulations as new recreational markets opened in 2017, marking a turning point for the industry.
United States
25 May 2018
Federal Appeals Court Strikes Down Key Parts Of The FCC's TCPA Order
Under the TCPA, the penalty for a violation is $500 per call or text, which can be trebled for willfulness.
United States
16 May 2018
Advertising, Marketing & Promotions Alert >> FCC Proposes $13.3M Fine Against Sinclair Broadcast Group For Apparently Violating Sponsorship Identification Rules
The Federal Communications Commission (FCC) has proposed to fine Sinclair Broadcast Group, Inc. (Sinclair) $13,376,200 because it apparently failed to make required disclosures regarding paid-for broadcast programming
United States
30 Jan 2018
4 Major Legal Issues Facing Online And Traditional Retailers
The past decade has seen a dramatic shift in the way retailers engage with consumers.
United States
30 Oct 2017
FTC Settles with Mobile App Developer Over Unauthorized Charges
The Federal Trade Commission (FTC) has settled with Pact, Inc. (Pact) over allegations that Pact's mobile app, which allows users to set fitness goals and creates financial penalties for not meeting them...
United States
25 Oct 2017
Local Challenges To Automatic Renewal Programs Continue In California: Now, The Beachbody Case
Local governments in California are playing an increasing role in examining and challenging potentially misleading advertising and marketing practices.
United States
5 Oct 2017
First Circuit Requires Identifiable Injury For Claims Asserting Deceptive Retailer "Compare At" Prices
Consumer class actions alleging that retailers are using deceptive comparison pricing tactics online and in stores are becoming increasingly common under state consumer protection statutes...
United States
25 Sep 2017
Suit Challenges Jos. A. Bank Clothiers' "Up To" Percent Off Advertising
A proposed class action lawsuit has been filed in New Jersey asserting that Jos. A. Bank Clothiers, Inc. violated state law by improperly promoting sales with "up-to-a-specific-percentage-off" advertisements.
United States
4 May 2017
Retail Practices Are In Vogue For Regulators, And Class Action Lawyers
The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing...
United States
19 Apr 2017
Legal Marijuana's Uncertain Path Forward
Efforts to legalize marijuana took a major step forward in 2016, with four new states voting in November to legalize recreational marijuana use.
United States
19 Apr 2017
NAD Decision On Challenge To Wegmans' In-Store Point Of Sale Displays Offers Guidance On Grocery Store Price Advertising
A decision by the National Advertising Division (NAD) on a challenge by Costco Wholesale Corporation to in-store point of sale display advertising by Wegmans Food Markets, Inc.
United States
12 Apr 2017
California Alleges Four Of The Largest U.S. Retailers Engage In 'False Reference Pricing'
The Los Angeles City Attorney's office has filed civil lawsuits on behalf of the State of California against four of the largest retailers in the United States, alleging that they have engaged in deceptive "false reference pricing"...
United States
9 Feb 2017
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