Searching Content indexed under Advertising, Marketing & Branding by Troutman Sanders LLP ordered by Published Date Descending.
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FDA Takes Enforcement Action Against ENDS Company For Selling Products Alleged To Be Kid-Friendly
On November 29, the Food and Drug Administration issued a warning letter to an e-liquid company for allegedly selling products with labeling and advertising causing the products...
United States
17 Dec 2018
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
20 Nov 2018
Supreme Court To Weigh In On FCC Deference In TCPA Junk Fax Case
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC's legal interpretation of the Telephone Consumer Protection Act.
United States
20 Nov 2018
FTC Cracks Down On Social Media Advertising In First-Ever Action Against Individual Social Media Influencers
The Federal Trade Commission settled its first-ever action against individual social media influencers for failing to disclose connections to brands the influencers endorsed.
United States
21 Sep 2017
Small Changes To An Ad Can Make Big Differences In A Puffery Analysis
When advertisers are accused of making unsubstantiated claims, a common defense is that the claim is just "puffery" for which no substantiation is required
United States
25 Aug 2017
$6.8 Million Penalty Upheld In Overstock Price Advertising Case
On June 2, 2017, a California appeals court affirmed a $6.8 million judgment against the online discount retailer, Inc. in a case in which the trial court found that Overstock...
United States
23 Jun 2017
$5.3M Settlement Of TCPA Class Action Against Taxi Cab Companies Preliminarily Approved
The United States District Court for the Western District of Washington preliminarily approved a $5.3 million settlement of a Telephone Consumer Protection Act class action against taxi cab companies Orange Cab Company...
United States
19 Apr 2017
DraftKings And FanDuel Settle Case With NY A.G. for $12 Million
In likely the final chapter of a case covered previously by this blog, the New York Attorney General recently announced settlements with daily fantasy sport companies Draft Kings, Inc. and FanDuel, Inc.
United States
11 Nov 2016
Summary Judgment Granted To Safeway In Putative TCPA Class Action
On October 11, 2016, the Northern District of California granted summary judgment to Safeway, Inc. in a TCPA putative class action arising from the receipt of prerecorded telephone messages...
United States
1 Nov 2016
FTC And Florida Settle With Defendants Involved In Alleged Telemarketing Debt Relief Scam
The FTC and Florida Attorney General have filed papers seeking entry of agreed permanent injunctions and monetary judgments against numerous defendants involved in an alleged nationwide debt relief telemarketing scam.
United States
23 Sep 2016
TCPA Case Dismissed In Part On Economic Damages Analysis
A plaintiff filed a complaint against an online university, alleging claims under the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act...
United States
9 Sep 2016
FTC Consent Order With Two Ohio Auto Dealers Resolves Misleading Advertising Claims
The FTC barred the Progressive Dealers from misrepresenting the cost of vehicle purchases and leases, or "any other material fact about the price, sale, financing, or leasing of any vehicle."
United States
26 Jul 2016
FTC Issues APEC CBPRs Warning Letters To Companies Claiming Compliance
The FTC issued warning letters to 28 companies that allegedly advertised participation in the Asia-Pacific Economic Cooperative Cross-Border Privacy Rules system ("APEC CBPRs"), but had not received the requisite certification.
United States
22 Jul 2016
Don't Call Me (Maybe): FTC Telemarketing Sales Rule Amendments Limiting Payment Methods Available To Telemarketers Go Into Effect
On June 27, the Federal Trade Commission issued an alert regarding new amendments to the Telemarketing Sales Rule ("TSR") that are now in effect.
United States
18 Jul 2016
Sirius XM Settles TCPA Class Action For $35 Million
In one of the largest settlements in history under the Telephone Consumer Protection Act ("TCPA"), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country...
United States
8 Jul 2016
FTC Announces $950K Penalty For Deceptive Tracking By Singapore-Based Mobile Ad Company
The Federal Trade Commission issued a press release last week announcing it has assessed $950,000 in civil penalties against Singapore-based mobile advertising company InMobi...
United States
8 Jul 2016
FTC Gets $27 Million Settlement And Continues Trend Of Targeting Tech Support Scammers
The settlement prohibits Vast Tech, OMG Tech Help, and Donohue from misleading consumers regarding the nature of products they sell or market and prohibits deceptive telemarketing.
United States
5 Jul 2016
FTC's Confusing Attempt To Comply With The E-Warranty Act
The Magnuson-Moss Warranty Act of 1975 imposes specific obligations on suppliers (in practice, almost always manufacturers) who provide written warranties on consumer products.
United States
30 Jun 2016
Henry Schein Practice Solutions, Inc. To Pay $250,000 Under Final FTC Order
On May 20, the FTC approved its final order resolving its Complaint against Henry Schein Practice Solutions, Inc. ("Schein"), which came after the expiration of a public comment period.
United States
8 Jun 2016
FTC Adds Three New Defendants In Tech Support Scam Case
The Federal Trade Commission, Connecticut, and Pennsylvania have added three new defendants and new charges in a case pending in the United States District Court for the Eastern District of Pennsylvania...
United States
6 Jun 2016
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