Ad Law Access

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

Supreme Court Defines ATDS Under The TCPA

On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court,…

Ad Law Access Podcast – State Privacy Laws: How We Got Here and Where We Are Headed

Many states are considering comprehensive privacy legislation in the absence of a federal law. On another much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein discuss pending state…

No More Deference for Amazon’s Reference Prices

As many retailers and manufacturers that sell directly to their customers know well, sale and similar promotional pricing practices have been the targets for regulators and class action plaintiffs for several years,…

FDA Is Still Keeping Up With The Kardashians

When it comes to the legal side of working with influencers, smart companies focus on ensuring that influencers clearly disclose that they are working with the company. After all, that’s where regulators have focused…

NAD Addresses Math Problems in Counting Reviews

Function claimed that it had “over 110,000 5-star product reviews” for its hair care products, the majority of which come from its “shampoo and conditioner” category. A competitor filed an NAD challenge pointing out…