United States Consumer Privacy Laws Continue to Evolve
Olshan Advertising Law Blog
by Mary L. Grieco
5d ago
In the constantly changing and confusing world of consumer privacy laws, it is more important than ever for businesses to evaluate and reevaluate their collection and use of personal data. There is currently no comprehensive federal consumer privacy law, but as the first quarter of 2024 comes to a close, comprehensive state consumer privacy laws have gone into effect in California, Colorado, Connecticut, Virginia and Utah. Three more states – Texas, Oregon and Montana – have enacted privacy laws that go into effect in 2024, and six states – Delaware, Iowa, New Hampshire, New Jersey, Tennessee ..read more
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FTC Wins $20 Million Judgment against Owner of Cash Advance Company
Olshan Advertising Law Blog
by Scott Shaffer
2w ago
Random sample method used to calculate damages In the case of Federal Trade Commission v. Jonathan Braun, decided on February 6, 2024 in the Southern District of New York after a jury trial, a federal court entered a judgment requiring merchant cash advance company owner Jonathan Braun to pay $20.3 million in monetary relief and civil penalties for misleading small businesses and unlawfully seizing their assets. Braun was found guilty of deceiving business owners about how much money he would advance to them and how much they would have to pay back ..read more
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New York’s New Credit Surcharge Law Takes Effect
Olshan Advertising Law Blog
by Andrew B. Lustigman, Morgan E. Spina
1M 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
1M 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
1M 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
1M 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
2M 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
3M 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
3M 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
3M 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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