Consumer

The National Advertising Division will create a fast-track process for challenging ads.

The FTC issued new guidance on disclosures for social media influencers.

Beware of those sketchy trademark letters.

Facebook asked the Supreme Court to opine on the scope and constitutionality of the TCPA.

Amazon launched the Intellectual Property Accelerator to help brands fight fraud.

The Supreme Court declined to hear the Domino’s Pizza’s ADA web accessibility appeal—so don’t expect litigation to slow down any time soon.

The Supreme Court declined to hear the Domino’s Pizza’s ADA web accessibility appeal—so don’t expect litigation to slow down any time soon.

Retailers are facing a new wave of ADA claims about their gift cards.

NY Mag asks whether it’s time to regulate social media influencers.

New Jersey is considering legislation to prohibit cashless brick & mortar businesses.

New York City Council is considering legislation to prohibit cashless brick & mortar businesses.

Oral arguments were held February 1 in the lawsuit challenging the FCC's repeal of the Open Internet Rule. That rule, implemented under the Obama administration in 2015, instituted a system of net neutrality for internet users; this lawsuit alleges that the FCC under the current administration scrapped the rules without the necessary legitimate legal reasons for doing so.

Washington D.C. passed an auto renewal law.

Is Prop 65 coming to New York?

Prop 65 Reprise: California added two chemicals to its list that are commonly found in consumer products.

The FTC (in a 3-1 Commissioner vote) found that 1-800 Contacts violated the FTC Act by forcing competitors to stop bidding on its keyword search terms.

BBB started a service for consumers to lodge false advertising complaints. Wonderful.

CNBC investigated online subscription models (cc: California’s Automatic Renewal Law).

A primer on how misleading advertising practices in the U.S. are regulated and enforced.

When is it OK to claim you’re #1?

Senator Hawley (R-Mo) introduced the Social Media Addiction Reduction Technology (SMART) Act, which would place caps on a social media user’s ability to infinitely scroll content without taking an affirmative step (like refreshing or clicking).

The Senate is working on a bill that would create a small claims court within the Copyright Office to resolve small-scale copyright disputes.

SCOTUS held that App Store consumers are able to bring antitrust claims against Apple.

North Dakota passed auto-renewal legislation that’s gaining popularity across the country.

D.C. passed auto-renewal legislation that’s gaining popularity across the country.

FDA and FTC teamed up to send warning letters to vaping companies.

Kroger successfully dismissed a web accessibility suit in SDNY on mootness (because of remedial steps taken to comply with WCAG 2.0) and personal jurisdiction grounds.

Apple beat an ADA web accessibility suit in SDNY on standing grounds. The plaintiff had filed over 800 federal web accessibility suits since 2017, inspiring this comment from the judge: There is nothing inherently wrong with filing duplicative lawsuits against multiple defendants if the harms to be remedied do exist and are indeed identical. But those who live by the photocopier shall die by the photocopier. By failing specifically to assert any concrete injury, Plaintiff’s claims fail as a matter of law.

Facebook is going after a company that sold fake likes, views, and followers on Instagram.

A TCPA litigation update.

HUD sued Facebook, claiming violations of the Fair Housing Act.

New York’s AG is also cracking down on fake social media likes and endorsements.

FTC sued a company for buying fake Amazon reviews.

A sports drink company learned the perils of comparative advertising.

Check the local regs before advertising outdoors.

GNC incurred over $1M in damages for using a model’s photo longer than the license allowed.

NAD said T-Mobile’s “best unlimited network” claim can’t be substantiated.

Dyson won $16m from a vacuum competitor whose comparative ads were false.

The First Circuit found that Uber’s ToS arbitration clause was unenforceable against its customers in part because the hyperlink was grey, not blue.

The Second, Third, and D.C. Circuits have rejected FCC’s autodialer definition. The Ninth Circuit did not. And now FCC is seeking public comment to clear up the confusion.

The Second, Third, and D.C. Circuits have rejected FCC’s autodialer definition

The Second, Third, and D.C. Circuits have rejected FCC’s autodialer definition.

Jenny Craig TCPA Settlement

Alarm.com TCPA Settlement

Bloomingdale's TCPA Settlement

Thanks to FCC’s expansive definition of autodialer, TCPA litigation continues to accelerate

It’s still risky to send marketing texts to your customers. If you’re not familiar with the TCPA, check out this primer from Twilio.

Courts have been inconsistent on standing, so the Illinois Supreme Court is weighing in.

Class actions under BIPA have surged as facial recognition and fingerprinting become more common.

Class actions under BIPA have surged as facial recognition and fingerprinting become more common.

If you’re collecting identifying biometric data from customers or employees, it’s worth paying attention to BIPA. Here's a good overview.

Settling one accessibility suit doesn’t foreclose another lookalike case. Just ask Hooters.

We’re left with non-binding guidelines like the Web Content Accessibility Guidelines (WCAG). WCAG 2.0, which is cited in every complaint, just got an upgrade: WCAG 2.1.

The DOJ considers websites to be “places of public accommodation” but still hasn’t offered any rules or guidance. Because compliance remains a mystery, litigation has exploded—over 1,000 federal cases in the first half of 2018 alone.

The DOJ considers websites to be “places of public accommodation” but still hasn’t offered any rules or guidance.

Beware of lawsuits claiming that you’ve violated the Americans With Disabilities Act (ADA) because your website isn’t accessible to visually-impaired consumers.