Advertising and Marketing

Telephone Consumer Protection Act (TCPA) lawsuits can be devastating to business operations and long term viability. There are a number of different approaches that telemarketers can take in order to minimize potential liability. All of which ae critical, given that the TCPA provides for the recovery of  actual damages or statutory damages in the range…

Prevagen is a dietary supplement that purports to support healthy brain function. Its manufacturer, Quincy Bioscience, is requesting that a federal appeals court affirm a lower court’s recent decision to dismiss dismissing a deceptive advertising lawsuit filed against the company by the Federal Trade Commission and the New York Office of the Attorney General. The…

On May 10, 2018, the Ninth Circuit issued an opinion that affirmed in part and reversed in part an Oregon district court’s preliminary injunction prohibiting Skechers USA, Inc. from selling shoes that allegedly infringe and dilute Adidas America, Inc.’s Stan Smith trade dress and Three-Stripe mark. Affirming in part, the court held that the district…

On January 22, 2018, Native Advertising Institute featured an article written by Internet law attorney Richard B. Newman that discusses the Federal Trade Commission’s recently released staff report summarizing agency-commissioned research from 2014-2015. The article discusses the exploration of consumer recognition of paid search advertising and “native advertising” that resemble news, feature articles, product reviews,…

FTC defense lawyer Richard B. Newman of Hinch Newman LLP is featured by Data Protection Leader, an international publication for authoritative data professionals offering analysis and guidance on data privacy, compliance and data protection regulations. The article is entitled “Complying with the FTC’s COPPA Rule in a Data-Driven World.” The Children’s Online Privacy Protection Act (COPPA) is…

The FTC continues to aggressively target negative option offers that deceptively induce consumers through a “free trial” or low-cost initial fee to make a purchase without being informed there will be recurring charges unless they cancel. All material terms must be “clearly, conspicuously and prominently” disclosed to consumers prior to the submission of billing information.…