Newsletters

05.11.18

DFS Has NRA Relationships, Rent-to-Own Lenders in Its Sight

Banks in New York have been warned: The state’s Department of Financial Services (DFS) will be keeping a close eye on relationships with the National Rifle Association (NRA) and similar organizations.


05.10.18

CVS Brings ‘Real Life Beauty’ to Ads

Just three months after announcing it will no longer use touched-up images in its beauty ads, CVS Pharmacy released the first advertisements of its new campaign.


05.10.18

NARB Turns Down Mascara’s Volume Claims

Lacking evidence to back up “before” and “after” pictures and the statement “1,944% more volume,” Too Faced Cosmetics LLC should discontinue the claims it’s making about its Better Than Sex original and waterproof mascaras, the National Advertising Review ...


05.10.18

New Bill Would Offer Social Media Protections

In the latest legislative proposal addressing consumer privacy, Sens. Amy Klobuchar (D-Minn.) and John Kennedy (R-La.) introduced a bill that would provide social media users with more control over their data.


05.10.18

Deceptive Pricing Suit Costs Neiman Marcus $2.9M

After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case.  


05.10.18

Seventh Circuit Reverses Grant of Summary Judgment as Premature

Reversing dismissal of a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Seventh Circuit ruled that a plaintiff should have been afforded the opportunity to conduct discovery before his claim was tossed out on summary judgment.


05.10.18

Nonprofit’s Texts Within Plaintiff’s Scope of Consent

Texts sent on behalf of a nonprofit organization with tips about how to respond to a cardiac arrest event were within the category of messages the plaintiff consented to receive, a Louisiana federal court said, dismissing her putative class action.


05.10.18

Court Grants Class Certification—but Only for In-State Residents

A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue.


05.10.18

Verification Fax Found to Be Advertising

Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)?


05.10.18

Fourth Circuit: No Ratification, No Vicarious Liability

The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting their products.