The Bottom Line Online publishers using affiliate links in association with content that reviews or recommends products to consumers must disclose their relationship with the retailers. In addition, online publishers using affiliate links in paid-for advertising must be able to substantiate product Continue Reading
Supreme Court Rules “Amazon” / “Nexus” Taxes Are Permissible
The Bottom Line The Supreme Court’s Wayfair decision confirmed that states may collect sales tax on internet sales between consumers and retailers who don’t have a physical presence in the state.In anticipation of a flurry of related legislation, online retailers, marketing affiliates and all Continue Reading
Legal Risks Abound as the World Cup Kicks Into Gear
The Bottom Line Although Russia's World Cup Law is not enforceable in the United States — and we cannot advise on marketing activities conducted in Russia — FIFA has made clear that it views ambush marketing in whatever form as unlawful and infringing on its intellectual property rights. Continue Reading
Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order
The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading
NCAA Obtains Injunction Over “March Madness” and “Final Four” Trademarks
The Bottom Line The NCAA has a history of diligently monitoring "Final Four," "March Madness" and other trademarks connected to the Division I Men's Basketball Tournament, and will be quick to act on unauthorized uses, especially when used to market or promote third-party products. Although Continue Reading
FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules
The Bottom Line The FCC's enforcement action against Sinclair for apparent failure to disclose sponsorship identification resulted in a record-setting proposed fine. This is part of a larger, recent trend by regulators ensuring that relevant material information is disclosed to consumers in an Continue Reading
Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action
The Bottom Line Companies engaged in IBA should pay particular attention to two recent compliance developments regarding the enhanced notice in video ads and the new cross-device guidance.As advertising retargeting methods and media continue to evolve, companies must always consider at the outset Continue Reading
FTC Announces First COPPA Action Involving Connected Toys
The Bottom Line As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, Continue Reading
SAG-AFTRA Commercials Contract Modified to Provide “Free Bargaining” as to Compensation for Low-Budget Digital Productions
The Bottom Line Effective immediately, the SAG-AFTRA Commercials Contract has been modified to include a waiver allowing for "free bargaining" of economic terms for digital productions with a budget of $50,000 and under. A mid-contract waiver of this magnitude is rare and signals a clear Continue Reading
FTC Settles with Mobile App Developer Over Unauthorized Charges
The Bottom Line The Pact case demonstrates that marketers can incur liability even when consumers affirmatively agree to be charged on a recurring basis. Unlike other negative option cases, there is no allegation here that consumers did not knowingly enter into a continuity plan – on the contrary, Continue Reading