Ad Law News and Views-January 20, 2016

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

Navigating Native Advertising

US Sees Rise in Cases Alleging Website Accessibility Violations

Partner Gonzalo E. Mon recently co-authored three articles about the growing list of retailers, restaurants, hotels and other companies that have been hit with proposed class actions alleging that their websites violate the Americans with Disabilities Act (ADA) because they are not accessible to the blind. Mr. Mon’s articles have been featured in E-Commerce Law & Policy (“US Sees Rise in Cases Alleging Website Accessibility Violations”), Sports Litigation Alert (​“Playing Offense on Website Accessibility”) and Law360 (“Plaintiffs Drive Website Accessibility As DOJ Delays Rule”).

Selling Hoverboards? Avoid The Legal Risks 

Partner Christie Grymes Thompson authored the LawFuel article ​“Selling Hoverboards? Avoid The Legal Risks.” Hoverboards have skyrocketed as a top gift this holiday season, dominating retail shelves and website banners. The article warns that if your company is selling these Segway-esque self-balancing boards, think closely about potential safety issues.  Read more…

Understanding the CFPB’s Risk Prioritization

The Exchange article ​“Understanding the CFPB’s Risk Prioritization,” was prepared for the American Bar Association’s Insurance and Financial Services Newsletter. In the exercise of its examination authority, the Consumer Financial Protection Bureau (“CFPB” or the ​“Bureau”) prioritizes those financial activities that present the greatest risk to consumers.  The CFPB refers to this approach as risk prioritization.  The Bureau applies this risk model in deciding whether to examine an institution, and whether to resolve a matter through informal supervisory measures or through a public enforcement action. Read more…