New York’s New Credit Surcharge Law Takes Effect
Olshan Advertising Law Blog
by Andrew B. Lustigman, Morgan E. Spina
1w ago
The war on drip pricing continues. New York’s new credit surcharge law is now in effect requiring business to provide important pricing disclosures. The law amends and clarifies New York’s existing credit card surcharge law, General Business Law Section 518. Key requirements are outlined below ..read more
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NEWSLETTER: Advertising, Marketing & Promotions - February 2024
Olshan Advertising Law Blog
by Andrew B. Lustigman, Scott Shaffer, Mary L. Grieco, Steven R. Gursky, Claudia B. Dubón, Morgan E. Spina, Lee S. Sporn
1w ago
Click here for the February 2024 Newsletter ..read more
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Pennsylvania Ruling Bucks the Trend in ADA Website Cases
Olshan Advertising Law Blog
by Scott Shaffer
1w ago
Lawsuit dismissed for failure to allege a physical nexus A recent decision in the Western District of Pennsylvania has provided a rare defendant’s victory in an ADA (Americans with Disabilities Act) website accessibility lawsuit. In Murphy v. Spongelle LLC (decided on January 24, 2024), the plaintiff alleged that Spongelle’s website did not meet the ADA requirements for accessibility to visually impaired individuals. There have been thousands of similar lawsuits over the past decade, and the main reason for this proliferation is that there are still no clear guidelines for ADA compliance that ..read more
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Andrew Lustigman and Morgan Spina Publish Article in NYLJ on How Lawmakers Are Cracking Down on Auto-Renewals and Cancellations and the Proposed Regulations Affecting Businesses That Rely on Subscriptions
Olshan Advertising Law Blog
by Andrew B. Lustigman, Morgan E. Spina
1w ago
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and associate Morgan Spina published an article in New York Law Journal (subscription required) entitled “Regulation of Automatic Renewals Remains Key Issue for Lawmakers.” In the article, Andy and Morgan discuss the revision of statutes surrounding subscription renewal fees, specifically those that are relevant to the cancellation of automatic renewals ..read more
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Andrew Lustigman Publishes Article in Bloomberg Law on How New Laws and Consumer Actions Will Help Us Say Goodbye to Junk Fees
Olshan Advertising Law Blog
by Andrew B. Lustigman
3w ago
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in Bloomberg Law (subscription required) entitled “New Laws, Consumer Actions Will Help Us Say Goodbye to Junk Fees.” In the article, Andy discusses the increasing significance of surcharges and undisclosed fees impacting consumer purchasing decisions ..read more
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Artificial Intelligence and Intellectual Property
Olshan Advertising Law Blog
by Mary L. Grieco
1M ago
Next year will likely see recommendations and rules from the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office in relation to artificial intelligence and its impact on intellectual property. Recognizing the lack of laws governing AI, on October 20, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order). The Order acknowledges AI’s “extraordinary potential for both promise and peril,” and parts of the Order deal specifically with intellectual property ..read more
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AI to Receive Increased Government Scrutiny
Olshan Advertising Law Blog
by Scott Shaffer
2M ago
2024 is poised to be a year that the FTC increases its authority over the abuse of artificial intelligence in advertising. FTC chair Lina M. Khan wrote in a New York Times opinion piece, “As companies race to deploy and monetize A.I., the FTC is taking a close look at how we can best achieve our dual mandate to promote fair competition and to protect Americans from unfair or deceptive practices.” In late November, the FTC authorized its staff members to begin issuing non-public subpoena-like information demands for products and services that use or claim to be produced using AI. One of th ..read more
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Privacy Laws Continue to Evolve
Olshan Advertising Law Blog
by Mary L. Grieco
2M ago
Privacy laws relating to the collection and use personal information continue to be a hot topic for 2024. While there is still no over-arching federal privacy law in the United States, several states have passed privacy laws that affect businesses that collect (whether online or off-line) and use personal information. California, Connecticut, Virginia, and Colorado already have privacy laws in effect. Utah’s privacy law goes into effect on December 31, 2023. Five more states’ privacy laws will become effective in 2024 – Washington (3/31/24), Oregon (7/1/24), Texas (7/1/24), Florida (7/1/24), a ..read more
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FCC Poised to Shorten the Leash for Lead Generators
Olshan Advertising Law Blog
by Scott Shaffer
2M ago
Although not final as of the time this is being published, the FCC is poised to make life difficult for lead generators and the companies that rely on them. In late November, the FCC proposed a rule that would require texters and robocallers obtain prior express written consent that is specific to a single seller in order to comply with the Telephone Consumer Protection Act. The problem, according to the FCC, is the “lead generator loophole,” which currently allows lead generators to obtain consent on behalf of multiple sellers from consumers who complete a single lead form, often hyperlinked ..read more
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FTC Continues to Focus on Endorsement and Reviews
Olshan Advertising Law Blog
by Morgan E. Spina
2M ago
Significant developments in the FTC’s treatment of endorsements and reviews occurred this year. In June, the FTC finalized its revised Endorsement Guides. In addition to adding a definition of “clear and conspicuous,” explaining the potential liability advertisers, endorsers and intermediaries, and highlighting child-directed advertising as an area of specific concern, the revised guides include a new principle regarding procuring, suppressing, boosting, organizing, publishing, upvoting, downvoting, or editing consumer reviews that can alter how consumers interpret a product. In addition to th ..read more
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