Perspectives on Advertising & Promotions

European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.”

A flurry of recent class action lawsuits is forcing clothing retailers to rethink their marketing tactics for outlet stores.

FTC settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products.

A recent lawsuit in Washington State suggests that so-called “crowdfunded” fundraising campaigns could be in for greater scrutiny from consumer protection regulators.

After a spate of high-profile data security breaches, many are asking what can be done to prevent such security lapses and who should be held responsible.

Washington, DC

One of the world’s most consumer protective spam laws recently went into effect in Canada on July 1, 2014.

Delaware law expressly includes gift cards in its abandoned property law.

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule).

In 2014, Macy’s and Foot Locker became the latest retailers to be forced to defend allegations that they illegally collect personal information from shoppers.

The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

TTAB cancelled six Washington Redskins registrations after finding they violated Section 2(a) of the Federal Lanham Act.

In an 8-0 decision, the US Supreme Court ruled last week that a private party may bring a Lanham Act claim challenging a food label regulated by the Federal Food Drug and Cosmetic Act (FDCA).

FTC approved changes to Wool Rules for greater manufacturer and seller flexibility and in order to align with standards and textile labeling regulations.

Major retailers are being sued for violating the Americans with Disabilities Act by failing to provide point of sale devices that are accessible to the blind.

Urban Outfitters is facing another lawsuit over collecting customers’ ZIP codes in connection with credit card purchases at its retail locations.

The Federal Trade Commission (FTC) recently charged two companies — Fandango, LLC, and Credit Karma, Inc. — with violating the FTC Act by misrepresenting the security of their mobile apps and failing to securely transmit sensitive personal information over the Internet.

The Federal Trade Commission alleged that a 2014 promotional contest on Pinterest violated Section 5 of the FTC Act.

Four members of Congress recently asked the Federal Trade Commission to launch a federal investigation into the marketing practices conducted by outlet stores.

Clothing manufacturers may want to rethink their marketing tactics at outlets, according to a letter prepared by four members of Congress. Specifically, four legislators recently asked the Federal Trade Commission (FTC) to launch a federal investigation into the marketing practices.

The Council of Better Business Bureaus (BBB) recently announced that it will be increasing its enforcement efforts for website operators that participate in online behavioral advertising (OBA), which is targeted advertising to consumers based upon their interests.

Five top stories are making headlines in advertising and promotions.

The US Supreme Court has agreed to consider a dispute between Pom Wonderful (Pom) and The Coca-Cola Company related to whether a drink label can be considered deceptive under federal false advertising laws, but permissible under regulations of the Food & Drug Administration (FDA).

Some companies are crying foul on keyword advertisements– arguing that the keyword ads are so close to consumer searches that they violate the companies’ intellectual property rights.

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers.