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…

House Lawmakers Introduce New Bill to Address Mobile App Privacy

On Thursday, May 9, Rep. Hank Johnson (D-GA), and co-sponsor Rep. Steve Chabot (R-OH) introduced the “ Application Privacy, Protection, and Security (APPS) Act of 2013,” (H.R. 1913). The bill, which is aimed at…

Delta Cleared for Takeoff: Wins Dismissal of California AG Mobile App Privacy Action

In December 2012, the California Attorney General filed a lawsuit against Delta Airlines, Inc. (“Delta”) alleging that Delta violated California’s Online Privacy Protection Act by failing to post a privacy policy…

Common Sense Rules in LA Lakers Text Message Suit

Most marketers know they are legally required to get permission before sending text messages to consumers. Despite this, the number of lawsuits involving (allegedly) unsolicited text messages keeps growing, as does the…

Mandated Compliance Programs as the New Normal? Williams-Sonoma Agrees to $987,000 CPSC Civil Penalty & Comprehensive Compliance Program

The tide continues to rise for Consumer Product Safety Commission (“CPSC”) civil penalties as the Commission announces a $987,000 penalty against Williams-Sonoma, Inc. and the company’s agreement to implement an…