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Bayer Suffers From Class Certification Headache 8 May, 2012 By: Jeffrey Richter,John Waller
In designing their marketing campaigns, many marketers strive to create a simple, pithy, unifying claim or message in their advertising to catch the attention of their target audience - and then seek to reinforce that claim or message on their packaging. While that makes perfect sense from a...more >>
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Facebook Accused of Misappropriating Users' Identities for Web Ads 3 Apr, 2012 By: Arthur Yoon,Jeffrey Richter
Facebook users have filed a class action lawsuit – Angel Fraley v. Facebook Inc. – in the U.S. District Court of Northern California – alleging that the popular social media website unlawfully misappropriated its users' names, photographs, likenesses and identities for use in paid...more >>
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Nutella Case Speaks to Limits on Scope of Class Actions 6 Mar, 2012 By: Jeffrey Richter,John Waller
As noted in the December 2011 issue of the DRMA Voice, the marketer of Nutella recently succeeded in substantially limiting the size of the proposed putative class of purchasers of its product by arguing that not everyone in the proposed class had been exposed to the alleged misrepresentation. An...more >>
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No Harm, No Foul: Court Dismisses LinkedIn User's Claims of Wrongful Disclosures 7 Feb, 2012 By: Arthur Yoon,Jeffrey Richter
LinkedIn Corp. successfully argued for the dismissal of a class action lawsuit – Low v. LinkedIn Corporation – filed in the U.S. District Court, Northern Division of California by plaintiff Kevin Low, who alleged that LinkedIn improperly permitted third-party advertisers to view personal...more >>
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Exposing Naked Juice 10 Jan, 2012 By: Cathy Polisoto,Jeffrey Richter
Is your product labeled or advertised as "All Natural" or some variation thereof? Determining whether a product may properly be labeled "All Natural" is not as simple as it sounds, and this issue has resulted in some new litigation.
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FTC Stomps on Reebok: Beware of Overhyped Health-Related Advertising Claims 6 Dec, 2011 By: Arthur Yoon,Jeffrey Richter
The Federal Trade Commission (FTC) recently announced that athletic shoemaker Reebok International Ltd. has agreed to settle charges that it deceptively advertised its "toning" shoes, which the company claimed would provide extra tone and strength to leg and buttock muscles. Reebok is required to...more >>
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Are There Adequate Disclosures on Your Website? 8 Nov, 2011 By: Cathy Polisoto,Jeffrey Richter
The Federal Trade Commission (FTC) recently won a motion for preliminary injunction against defendant Jesse Willms and 10 companies he controls for allegedly deceiving consumers with "free trials" and negative options in the online sale of various products, such as Acai weight-loss supplements,...more >>
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Comparing FTC Treatment of Small Businesses vs. Large Corporations 4 Oct, 2011 By: Cathy Polisoto,Jeffrey Richter
Ever wonder whether the little guy fares better than a large, well-known corporation as a Federal Trade Commission (FTC) defendant? Several recent settlements suggest that the FTC treats small businesses and blue-chip corporations similarly.
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Safe Harbors Under the Children's Online Privacy Protection Rule 8 Sep, 2011 By: Cathy Polisoto,Jeffrey Richter
Congress enacted the Children's Online Privacy Protection Act (COPPA) on October 21, 1998. The purpose of COPPA is to prohibit unfair or deceptive acts or practices in connection with the collection, use or disclosure of personally identifiable information from and about children under 13 on the...more >>
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FTC 'Buzz' Saws Google – Why Privacy Policy Compliance Matters 1 Aug, 2011 By: Arthur Yoon,Jeffrey Richter
What can happen when an advertiser fails to follow its own privacy policy with regard to the ways it collects and uses customer information? Google Inc. found out the hard way when the Federal Trade Commission (FTC) filed suit against it, claiming false representations, deceptive practices and...more >>
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