Ad Law Access

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

Don Henley Settles Right of Publicity Suit with Retailer

Last year, Duluth Trading Company ran ads promoting its henley-style shirts that urged customers to “Don a Henley and take it easy.” (Readers of a different generation, take note: Don Henley is one of the singers in…

NAD Finds DirecTV’s Rob Lowe Ads to be Misleading

DirecTV has received a lot of attention for its ad campaign featuring Rob Lowe. Although many of the commercials are funny, not everyone is laughing. Comcast challenged the ads before the NAD, arguing that the ads make…

AT&T To Pay $25 Million to Resolve FCC Data Breach Claims

On April 8, 2015, the Federal Communications Commission (FCC) Enforcement Bureau announced that AT&T has agreed to a $25 million consent decree to resolve an FCC investigation into alleged consumer privacy violations…

Claiming Safe Harbor on Your Website? Recent FTC Enforcements Provide Some Lessons About Certification Lapses

The Federal Trade Commission (“FTC”) announced on Monday two more Safe Harbor-related settlements with two companies for misrepresenting their participation in the U.S.-EU Safe Harbor framework, which is subject to the…

“Throttled” Motion to Dismiss; FTC Case Against AT&T for “Unlimited” Data Promises Continues

On March 31 st, a federal judge in California District Court issued an Order denying AT&T's motion to dismiss the Federal Trade Commission's (FTC’s) lawsuit against the company concerning its advertising and business…