• California Redefines Analysis of Independent Contractor Classification

    In September 2019, California Governor Gavin Newsom signed a new measure (AB 5) that essentially redefines businesses classify employees and independent contractors.  ... Read Article

    Dietary Supplement Marketing and Earnings Claims Amid Coronavirus Pandemic

    Unsubstantiated marketing claims that exploit consumer anxiety amid the coronavirus pandemic are a top priority for private class action litigants and federal ... Read Article

    NY AG Focused on Price Gouging During COVID Outbreak

    The New York Office of the Attorney General is actively investigating the advertising or offering for sale of necessary consumer goods at ... Read Article

    FTC’s Assault on Paid-For Rankings, Ratings and Review Websites Continues

    The FTC’s Endorsement Guides provide that if there is a “material connection” between an endorser and an advertiser – in other words, ... Read Article

    What Digital Marketers Need to Know About Contractual Limitation of Liability Clauses

    In one form or another, limitation of liability clauses are almost always in digital marketing contracts.  They typically attempt to exclude certain ... Read Article

    California’s New Data Broker Registration Law

    If compliance with the California Consumer Privacy Act isn’t enough to fill marketers’ compliance plates, California Governor Gavin Newsome has signed a ... Read Article

    Proposed Legislation to Assist Financial Institutions Servicing Marijuana Industry

    The Secure and Fair Enforcement Banking Act of 2019 (“SAFE Banking Act”) recently passed the U.S. House of Representatives.  The SAFE Banking ... Read Article

    CBD Advertising and FTC Enforcement

    Since passage of the “Farm Bill” which legalized hemp-derived CBD containing less than 0.3% THC, the Federal Trade Commission has twice issued ... Read Article

    TCPA Update:  Telemarketer Friendly ATDS and Single Text Rulings

    A Florida federal court recently ruled in favor of the defendant when it held that dialing equipment must have the requisite “present ... Read Article

    CBD: The FDA and State Attorneys General

    Former U.S. Food and Drug Administration Commissioner Scott Gottlieb recent stated that, “the CBD craze is getting out of hand…”  Federal law ... Read Article

    Federal Auto Renewal Legislation Proposed

    While FTC attorneys continue to focus upon recurring payment issues and aggressively enforce ROSCA compliance, a number of states have recently enacted ... Read Article

    Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable

    A company that managed the ownership rights of a film hired a company to promote and market the film.  There were approximately ... Read Article

    FTC Attorneys Announce “Back-to-Basics” Advertising and Data Security Workshop

    The Federal Trade Commission has announced that, along with its regional partners, it will conduct a public workshop in Atlanta on Thursday, ... Read Article

    Federal Court Holds TCPA Plaintiff Did Not Adequately Allege ATDS

    In Bader v. Navient Solutions, LLC (N.D. Ill. June 14, 2019), the North District of Illinois dismissed a Telephone Consumer Protection Act ... Read Article

    TCPA Robocall and State Privacy Legislation Update

    The Federal Communications Commission considers the definition of an automatic telephone dialing system (“ATDS”), robocall legislation looms in Congress. The Senate recently ... Read Article

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