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Category Archives: Advertising

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Businesses Beware: FCC Adopts Significant TCPA Declaratory Ruling and Order

Posted in Advertising, Data Security, Privacy
At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing systems and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to consumers (“robocalls”). The… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

Posted in Advertising, Labeling, Regulations
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels.  The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

Perception of Deception

Posted in Advertising, Labeling
In the advertising world, we know that deception lies in the eyes of the beholder.  Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies.  In private litigation, however, the question of consumer perception… Continue Reading

FTC Says #Gameover for Sony’s #Gamechanger Claims

Posted in Advertising
The Federal Trade Commission (FTC) applies a couple of cardinal rules for advertisers playing in the social media space: tell the truth and disclose endorsement arrangements.  Sony Computer Entertainment America LLC and its advertising agency Deutsch LA, Inc. apparently broke those rules in advertisements launching Sony’s PlayStation Vita (PS Vita) in 2012.  Each agreed to… Continue Reading
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