Ad Law Access

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

In Pricing Case, California Court Determines Meaning of "Free" Shipping

In the Overstock.com case described in the post yesterday, the plaintiff also argued that Overstock’s representations that shipping was “free” or “only $2.95” violated California’s False Advertising Law because the…

California Court Imposes $6.82 Million Civil Penalty in Comparative Pricing Action

Still recovering from the holiday sales? If you’re a retailer or a manufacturer pricing your own products, don’t forget about the state laws governing promotional pricing and deceptive pricing claims. The state of…

Court Dismisses Promotional Pricing Proposed Class Action

For marketers facing challenges to their promotional pricing strategies, a new ruling could bolster their defenses. Earlier this week, a federal judge in New Jersey granted Jos. A. Bank's Motion to Dismiss in a…

NAD Decision Addresses Promotional Pricing

We’ve posted several entries about lawsuits involving continuous sales and promotional pricing. (Click here and here, for examples.) This week, the NAD announced a decision involving similar issues. Lowes frequently…

Consumers File Class Action Suit Against Jos. A. Bank over Sale Pricing

This week, consumers filed a class action lawsuit against JoS. A. Bank, alleging that the clothing company engages in deceptive advertising by misrepresenting its regular and sales prices, in violation of New Jersey…