Ad Law Access
FTC Closes Investigation Involving a Social Media Promotion
As we've posted before, if a company provides incentives to a consumer in order to encourage the consumer to promote the company’s products, the consumer is required to disclose those incentives. It’s not just the…
Wyndham Wins Change of Venue in FTC Data Security Case
The FTC’s first litigated data security action alleging that a company engaged in unfair and deceptive practices in violation of Section 5 of the FTC Act based on its data security practices continues, but now in a…
Retailer Sues Visa for Recovery of Data Breach PCI Fines
In a first of its kind suit, on March 7, 2013, the sports-apparel retailer Genesco filed a lawsuit against Visa for recovery of fines that Visa issued against Genesco after it suffered a data breach. Generally,…
FTC Updates .com Disclosures Guide to Address Mobile Viewing and Space-Constrained Ads
On Tuesday, the Federal Trade Commission announced final revisions to the guidance it gives to advertisers on how to keep endorsement, testimonial, and other digital ads in compliance with the FTC Act, ".com…
NJ Federal Court Dismisses False Advertising Class Action Alleging a Lack of Substantiation
Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on a National Advertising Division (“NAD”) decision that found that…