The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading
Taxing Digital Advertisements Face Stiff Legal Challenges
The Bottom Line The economic impact of COVID-19 cannot be understated; one impact has been to local and state budgets. States have experienced significant budget shortfalls due to limited economic activity and, as a result, state legislatures are searching for ways to raise revenue in order to Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading
A Banner Year for Online Political Ads in a Socially-Distanced Reality
The Bottom Line With less than a month until the 2020 election and the presidential debates in full swing, campaigns are entering the crucial “get out the vote” period of their campaigns and are doing everything they can to motivate their supporters and ensure voters get to the polls. Continue Reading
CCPA: A Privacy Conundrum
7th Edition: Trends in Marketing Communications Law After much anticipation, the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, becoming the most comprehensive privacy law in the U.S. CCPA provides California residents rights regarding the collection, use and sale of their Continue Reading
The Legal Loophole for Online Political Advertising (Barely) Starts to Close
7th Edition: Trends in Marketing Communications Law With COVID-19, the nationwide call for racial justice, and the battle for the Supreme Court dominating the news, it has been easy to lose track of the fact that the U.S. Presidential election is just over one month away. To get voters to focus Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line Since 1991, the Telephone Consumer Protection Act (TCPA) has set out to end unwanted contact from telemarketers, generally prohibiting (among other things) the use of an “Automated Telephone Dialing System” (ATDS) to call wireless phone numbers without the appropriate level of Continue Reading
The Agency 100 | Cybersecurity and Privacy Risks Rise with Remote Workforce
With striking speed, the arrival and spread of the coronavirus pushed much of the U.S. workforce to a remote environment. The shift to a remote workforce is not expected to end any time soon. Many companies are extending their work from home policies, including Google, which announced that their Continue Reading
Supreme Court Settles Circuit Split on When a Plaintiff May Sue
6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading