Ad Law Access

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

So You Want to Self-Regulate? The NAD As Standard Bearer

The Federal Trade Commission has been an active proponent of industry self-regulation, recognizing that industry cooperation can lead to efficiency, innovation, and the dissemination of useful information, which can…

Supreme Court Overturns Class Certification in Suit Against Comcast

On March 27, 2013, the Supreme Court held five to four in Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) that the district court improperly granted certification in an antitrust class action because of the…

FTC Closes Investigation Involving a Social Media Promotion

As we've posted before, if a company provides incentives to a consumer in order to encourage the consumer to promote the company’s products, the consumer is required to disclose those incentives. It’s not just the…

Wyndham Wins Change of Venue in FTC Data Security Case

The FTC’s first litigated data security action alleging that a company engaged in unfair and deceptive practices in violation of Section 5 of the FTC Act based on its data security practices continues, but now in a…

Retailer Sues Visa for Recovery of Data Breach PCI Fines

In a first of its kind suit, on March 7, 2013, the sports-apparel retailer Genesco filed a lawsuit against Visa for recovery of fines that Visa issued against Genesco after it suffered a data breach. Generally,…