Ad Law Access

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

UPDATE: Data Breaches on the Rise in 2010

Updating a previous post regarding the rise last year in the number of data breaches involving customers’ personal information in the general business sector, the numbers of these breaches for the first third of…

Best Buy Files a Lawsuit Accusing a Competitor of Falsely Advertising "Lowest Prices"

Last week, Best Buy filed a lawsuit against Ultimate Electronics over ads that compare Best Buy’s prices to Ultimate’s prices. According to the complaint filed in a Minnesota federal court, Ultimate’s ads make…

U.S. Supreme Court Holds that State Law Does Not Bar Federal Courts from Using Class Action Device for State Law Claims

In a significant class action decision, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, 559 U.S. -- (Mar. 31, 2010), the U.S. Supreme Court recently held that federal rules on class…

SCOTUS Holds Mistake of Law No Defense to FDCPA Liability

Yesterday, the Supreme Court issued a decision in J erman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (“ Jerman ”) (Docket 08-1200) that resolves a circuit split regarding the scope of the Fair Debt Collection…

FTC Closes an Investigation Regarding Bloggers' Failure to Disclose Gifts

In previous posts, we noted that the FTC's new Guides Concerning the Use of Endorsements and Testimonials in Advertising contain numerous provisions that apply to messages in social media, such as blogs, word-of-mouth…