Ad Law Access

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

Capital One Settles Largest TCPA Class Action for $75M

Last week, a court preliminarily approved the largest class action settlement alleging violations of the Telephone Consumer Protection Act (TCPA). Capitol One, along with three debt collection agencies, agreed to pay…

Can You Afford To Send That Text? Connecticut’s Mini-TCPA Imposes Substantial Fines on Telemarketers

Several weeks ago, Connecticut enacted legislation making it illegal for telemarketers to send unwanted text messages to consumers, modernizing the State law and bringing it into accord with the federal Telephone…

"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…

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…