Insights on Advertising & Promotions

Consumer class actions against fashion retailers are on the rise, and the most recent target is Saks Fifth Avenue.

On March 19, 2015, a Minnesota federal judge granted preliminary approval of Target Corporation’s (Target) proposed $10 million settlement of a class action lawsuit, which arose out of a 2013 data breach that compromised personal information of roughly 110 million of Target’s customers.

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot.

There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.

For the first time, the Better Business Bureau (BBB) has added guidance on negative option billing plans to its “Code of Advertising.” The Code governs advertising disputes for the 112 BBB chapters in the US and Canada.

Apple Inc. and other leading technology companies have reached an agreement with the European Union (EU) regarding their use of the word “free” in relation to mobile applications. The EU alleged that the companies were labeling apps as “free” in contexts that were likely to mislead consumers.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with L&E Partner Michael L. Stevens about key issues fashion companies should consider when approaching employees about their social media activities.

The Federal Trade Commission (FTC) recently clarified that its jurisdiction under the Children’s Online Privacy Protection Act (COPPA) does not extend to information collected by state governments or most nonprofits in connection with online educational testing.

Focus Education, LLC, a leading provider in the growing market for cognitive improvement products, recently settled with the Federal Trade Commission (FTC) over charges that it was misleading consumers through the use of deceptive advertising tactics.

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.”

Recent guidance from Hong Kong’s Privacy Commissioner suggests that Hong Kong may be on the verge of implementing major new restrictions on the cross-border transfer of personal data.

On January 6, 2015, Federal Trade Commission (FTC) Chairwoman Edith Ramirez delivered a speech discussing best practices for companies in the emerging market of the “Internet of Things,” which refers to the wireless interconnectivity of everyday devices, from home appliances to medical devices.

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers.

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics.

Recently, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking seeking comment on proposed updates to its broadcast Contest Rule.

The Federal Trade Commission recently named Ashkan Soltani as its newest Chief Technologist.

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained.

The Federal Trade Commission (FTC) recently settled with two separate marketers of women’s undergarments over charges that the companies made false and misleading claims about the weight loss and fat burning benefits of caffeine-infused shapewear products.

FTC recently brought its first case under the 2010 Restore Online Shoppers’ Confidence Act that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.

The Federal Trade Commission (FTC) recently sent out 15 letters warning makers of plastic bags that claims indicating that such bags are “oxodegradable,” “oxo biodegradable,” or “biodegradable” may be viewed as deceptive under the Green Guides.

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (Accountability Program) recently challenged Best Buy, Yelp, Answers Corp., Buzzfeed Inc., and Go.com over the companies’ failure to provide adequate notice regarding the fact that information was collected from th

The Federal Trade Commission (FTC) recently announced changes to the “Mail or Telephone Order Merchandise” Rule, or the Mail Order Rule, aimed at updating the Rule for the 21st century and easing the costs of compliance.

The outdoor sporting goods company Bass Pro recently agreed to pay $6 million to settle claims that it violated California privacy laws.

In testimony before the US Senate Judiciary Committee earlier this summer, the Federal Trade Commission (FTC) lent its support to federal legislation that would require businesses to obtain “affirmative express consent” from consumers before collecting geolocation data from mobile devices.