Ad Law Access

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

CFPB Issues Final Rules of Practice Governing the Agency's Adjudication and Investigational Proceedings and an Interim Final Rule Pursuant to the Equal Access to Justice Act

On June 29, 2012, the CFPB issued two Rules of Practice separately governing the agency’s adjudication proceedings and investigational, nonadjudicative matters. In addition, the CFPB issued its final State Official…

Court Dismisses Suit Over Text Message Opt-Out Confirmations

Over the past few years, there has been an increase in the number of lawsuits involving text message campaigns. Although the first lawsuits typically involved unsolicited messages, now plaintiffs’ lawyers are also…

Complaint Holds Wyndham Hotels Accountable for Alleged Data Security Flaws at Independent Franchisee Locations

On June 26, 2012, the Federal Trade Commission (“FTC”) filed a lawsuit against global hospitality company Wyndham Worldwide Corporation and three of its subsidiaries (the “Defendants”) alleging that the companies…

You May Not Be As Lucky As the NY Yankees

In working with brand owners large and small, I find a surprising number of instances where independent contractors are hired to create content without a proper work for hire or other agreement to protect the company.…

Consumer Files Lawsuit Over Pittsburgh Penguins Text Message Campaign

A consumer recently filed a class action lawsuit against the Pittsburgh Penguins alleging that the team’s text message campaign violates federal law. The consumer claims that when he signed up to receive text messages,…