Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Smooth Sale-ing: Jos. A. Bank Wins Before Seventh Circuit

Late last week, the Seventh Circuit affirmed the dismissal of a putative class action alleging that Jos. A. Bank advertises its normal retail prices as temporary price reductions, in violation the Illinois Consumer…

"Psychological Commitment" as a Basis for a Promotional Pricing Lawsuit?

Class action plaintiffs continue to explore new theories under state promotional pricing statutes. Last week, a plaintiff filed a class action complaint against Gap Inc. in California state court, alleging that the…

FTC Sues Companies Over Fake News Sites and False Claims

No, we won’t share our tips to help you lose your belly this summer. But we will share some tips to help you stay out of court. Last week, the FTC sued a group of companies and their executives for false…

Hulu Hit with Class Action Over Automatic Renewals

In 2010, California enacted a law governing automatic renewals. As we previously posted, the law generally requires that companies: (1) clearly disclose the material offer terms before a consumers subscribes; (2)…

Fit To Be Tied? Lessons from the Fitbit Recall

Kelley Drye

The Consumer Product Safety Commission recently announced a recall of the Fitbit Force, a wireless activity-tracking wristband, because of consumer reports of rashes, skin irritation and blistering. Consumers are…