Ad Law Access

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

Another Legislative Attempt to Curtail Mandatory Arbitration Clauses

Businesses often include mandatory arbitration clauses in their pre-dispute dealings with customers to prevent costly consumer class actions in favor of streamlined (often individual) arbitration. The Federal…

The Justice Department Really Doesn’t Like Coupon Settlements (But They Still Can Work)

It’s no secret that the Justice Department and state Attorneys General don’t like coupon settlements in class actions. Since 2007, groups of state AGs have been objecting regularly to coupon settlements that would…

Pushing the Limits: Preliminary Settlement Entered in Case Against Banana Republic and The Gap after California Court of Appeals Failed to Find Limits on Injury

On January 14, Plaintiffs in the consolidated case of Veera v. Banana Republic, LLC, et al., filed for approval of a preliminary class action settlement after Plaintiffs Veera and Etman successfully argued that…

Dumpster Fyre of Advertising Issues

The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap.…

An Ingredient for Failure In “Reasonable Consumer” False Advertising Cases

Defendants have had a nice run recently in winning pleading-stage dismissal of “reasonable consumer” false advertising cases. That run came to an end yesterday, however, when the Second Circuit Court of Appeals in New…