On Friday, January 22, 2021, the Federal Trade Commission settled charges with three ticket brokers for violating the Better Online Ticket Sales (BOTS) Act, which was passed in 2015. These are the first case brought under the Act. In them, the Commission alleged that three brokers “used automated software to illegally buy up tens
Advertising Law
Kelley Drye’s Advertising, Marketing and Privacy practice has a national reputation for excellence. No other firm can match our record in advertising litigation and National Advertising Division (NAD) proceedings, our substantive strength in the area of advertising, promotions marketing and privacy law, and our experience at the Federal Trade Commission (FTC), the offices of state Attorneys General, the NAD, and the broadcast networks.
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Upcoming Kelley Drye Events
Please join us for the following upcoming virtual events:
October 13
Futureproofing Privacy Programs
Building a successful privacy program requires much more than compliance with data protection laws. To thrive in today’s global, data-driven environment, companies also need to understand the political environment and public attitudes surrounding privacy in the countries in which they operate.…
Filling in the Holes: Dunkin Settles Breach Allegations with NYAG
On Tuesday, the New York Attorney General Letitia James announced a settlement with Dunkin’ Brands, Inc. over allegations that the company failed to adequately respond to years of cyberattacks that compromised customers’ online accounts.
According to the lawsuit, Dunkin’ customers with “DD Perks” accounts were first targeted in early 2015 in a series of “credential…
California Federal Court Stays Trial Pending Supreme Court Ruling on Reach of Section 13(b) of FTC Act
On August 20, a Northern District of California court stayed the trial of an action the FTC brought against Lending Club in 2018 pending a Supreme Court ruling on the FTC’s authority to seek monetary restitution under Section 13(b) of the FTC Act. The issue of whether the FTC has authority to seek monetary relief…
FTC’s Mail Order Rule Crackdown Continues
Last week the FTC filed suits against a few online merchandisers regarding their alleged failures to promptly deliver personal protective equipment (PPE) to consumers. The lawsuits allege that three online sellers violated the FTC’s Mail Order Rule, which mandates that companies notify consumers of shipping delays in a timely manner and give them the…
Webinar Replay: Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
The replay of our recent webinar Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic is available here.
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online,…
Register Now – Upcoming Webinars
This Wednesday, July 22
Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
Register Here
COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they…
Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit
In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action lawsuit. In an Instagram post, the brand thanked teachers for their work during the COVID-19 pandemic, and…
Ad Law Access Podcast – Health Claims 101: Key Considerations For Making Compliant Health Claims
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing partner Kristi Wolff discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused…
Ad Law Access Podcast: Green Marketing
As we have written about extensively on this blog, consumers continue to grow more environmentally conscious and demand products that reflect this concern. To meet consumer demands and as part of social responsibility initiatives, companies are increasing their “sustainable” practices, recycling materials, upcycling other products, and working to reduce waste and environmental harms. As…