Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FCC Opens the Door to Vicarious Liability for Third-Party Telemarketing Under Certain Conditions

On May 9, 2013, the Federal Communications Commission ruled that sellers may be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for unlawful telemarketing by third parties under certain…

Watch Kelley Drye's "Smartphone Revolution" Webinar On Demand

Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further,…

Insurance Coverage for Data Breach Claims

Data breaches caused by hackers or other forces outside the control of a business are a scary, and expensive, proposition for any organization that collects or retains personally identifiable information, or warehouses…

FCC Determines Radio Station Failed to Comply with Contest Rules

Last year, a CBS radio station in North Carolina ran a “Carolina Cuties” contest in which listeners were invited to submit pictures of their babies on the station’s website. The grand prize winner was be determined by…

FCC Seeks Comment on Petition to Rule on Text Messages

The FCC has issued a notice seeking public comment on a petition filed in February by SoundBite Communications seeking a declaratory ruling on text messaging. SoundBite asked FCC to issue a ruling that sending a…