Advertising and Marketing
Court Considers Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims
By Richard B. Newman |
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc., without limitation, violated the Consumer Legal Remedies Act and misrepresented that the company’s tea products as were “Manufactured in the USA 100% American Family Owned” and “America’s Classic.” Here, consumers initiated…
TCPA Revocation of Consent Rule Effective April 2025
By Richard B. Newman |
As previously blogged about in detail here and here, the TCPA rules on revoking consent for unwanted robocalls and robotexts becomes effective in April 2025. Revocation of prior express consent for autodialed, prerecorded or artificial voice calls (and autodialed texts) must be permitted to be made by “any reasonable means.” Additionally, callers may not infringe…
Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date
By Richard B. Newman |
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau. Just minutes thereafter, the rule was struck down by the…
Lead Generation One-to-One TCPA Consent Rule and Marketing Contract Considerations
By Richard B. Newman |
The FCC’s new rule requiring one-to-one consent becomes effective January 27, 2025. Much has been made about the myriad nuances those in the lead generation ecosystem must attend to in order to comply with the new rule. However, an often overlooked aspect of the new rule involves required and diligent contracting practices associated therewith. In…
FTC Proposes Changes to Business Opportunity Rule to Deter Deceptive Earnings Claims – Republican Commissioners Dissent
By Richard B. Newman |
On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken together, “would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing…
FCC Issues FAQs for Lead Generation One-to-One TCPA Consent Rule
By Richard B. Newman |
On December 23, 2024, the Federal Communications Commission issued FAQs: One-to-One Consent Rule for TCPA Prior Express Written Consent. What is the FCC’s New One-to-One Consent Rule In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed…