Ad Law News and Views-February 3, 2016

FTC Reviews Video Game Reviews: Settlement Holds Important Lessons for companies Who Use Influencers

Partner Gonzalo E. Mon authored the Communications Lawyer article ​“FTC Reviews Video Game Reviews: Settlement Holds Important Lessons for companies Who Use Influencers.” In the Fall, the Federal Trade Commission announced that an online entertainment network had agreed to settle charges that it engaged in deceptive advertising by paying ​“influencers” — individuals with large social media followings — to post YouTube videos endorsing Microsoft’s Xbox One system and several games. Read more…

US Sees Rise in Cases Alleging Website Accessibility Violations

Partner Gonzalo E. Mon recently co-authored three articles about the growing list of retailers, restaurants, hotels and other companies that have been hit with proposed class actions alleging that their websites violate the Americans with Disabilities Act (ADA) because they are not accessible to the blind. Mr. Mon’s articles have been featured in E-Commerce Law & Policy (“US Sees Rise in Cases Alleging Website Accessibility Violations”), Sports Litigation Alert (​“Playing Offense on Website Accessibility”) and Law360 (“Plaintiffs Drive Website Accessibility As DOJ Delays Rule”).

Understanding the CFPB’s Risk Prioritization

The Exchange article ​“Understanding the CFPB’s Risk Prioritization,” was prepared for the American Bar Association’s Insurance and Financial Services Newsletter. In the exercise of its examination authority, the Consumer Financial Protection Bureau (“CFPB” or the ​“Bureau”) prioritizes those financial activities that present the greatest risk to consumers.  The CFPB refers to this approach as risk prioritization.  The Bureau applies this risk model in deciding whether to examine an institution, and whether to resolve a matter through informal supervisory measures or through a public enforcement action. Read more…