Embedding content is risky business, the CFPB could preempt states, and more in this issue of Advertising Law News & Analysis

4 min

copyright

Embed at Your Own Risk

If you embed copyrighted content on your business's website, social media, or publication, you might want to think again, write Venable attorneys Marci Ballard and Maria Sinatra in a recent blog post. A recent decision in the U.S. District Court for the Southern District of New York suggests that embedding content from third-party servers is a practice that could leave businesses liable for violating a copyright holder's right of display.

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Will CFPB Preempt the States?

Washington seems to be well into President Trump's era of deregulation, which means activity will slow at federal regulatory and enforcement agencies, such as the Consumer Financial Protection Bureau (CFPB). However, some of this slowdown—at least on the enforcement side—may be picked up by state attorneys general and other state regulators, write Venable attorneys Allyson Baker, Gerry Sachs, and Joseph Robbins in a recent client alert. However, while states from New York to California have expressed their willingness to fill any vacuum left by the CFPB, the Trump administration may be able constrain state consumer financial protection efforts by asserting federal authority.

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opting out

Serial TCPA Litigant Gets Served

The incentive to become a serial Telephone Consumer Protection Act (TCPA) litigant is clear when you consider that damages could reach $3,000 per text and/or call if the message is automated and sent to an individual on the National Do Not Call Registry. One such serial litigant has sued for alleged TCPA violations more than 100 times since 2014, write Venable attorneys Dan Blynn and Renato Perez in a recent blog post.

However, there may be some relief on the way for telemarketers when it comes to serial TCPA litigants. A recent decision in the Central District of California found that the plaintiff failed to state a claim under the TCPA because her method of revoking consent to receive texts was unreasonable and ineffective. The court also took judicial notice of the fact that the plaintiff filed four other TCPA cases in a month's span after filing the case the court was hearing.

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Do Due Diligence When Inking Endorsement Deals

Corporate sponsorship of teams, leagues, governing bodies, and athletes can generate tremendous sales for brands, but adverse events—from a single athlete's bad behavior to widespread corruption in a global governing body—can instantly tarnish years of brand equity. In a recent Compliance Week story, Venable partner Po Yi discusses how brands should conduct due diligence to uncover potential issues before inking a deal, and how to construct a morals clause that makes it possible to pull the plug, if necessary. (subscription may be required)

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Advertising Law Tool Kit

From the Tool Kit:

Celebrity and non-celebrity endorsements can build brand awareness and drive sales. In the latest edition of the firm's Advertising Law Tool Kit, Venable attorneys Po Yi, Josh Kaufman, and Jessica Borowick discuss best practices for brands to consider when structuring spokesperson agreements.

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UPCOMING EVENTS

Electronic Retailing Association Great Ideas Summit

February 26-28, 2018 | Miami, FL

The Great Ideas Summit is THE place to meet the highest tier of industry influencers and decision-makers, expand your brand reach, grow your competitive intelligence, develop leads, seal deals, and much more. Venable partner Jeff Knowles will moderate the "How to Improve Your Better Business Bureau Rating" panel at 5:00 pm (EST), which will be followed immediately by the Venable-sponsored opening reception.

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Investing in Compliance as a Strategy to Prevent or Resolve Government Investigations

March 1, 2018 | New York, NY

As we begin a new year, several questions regarding the enforcement priorities of government agencies remain unanswered: Will the still-new administration cut back on enforcement? Will state attorneys general pick up any slack? These questions are important, but don’t get caught flatfooted as you ponder them.

Venable attorneys Michael Blume, Len Gordon, Doreen Martin, and Alexandra Megaris—each of whom has vast experience managing government investigations and enforcement actions from within and outside the government—will discuss specific, effective, and proven strategies for enhancing your organization's compliance systems. Our speakers have guided companies and individuals through critical investigations brought by the FTC, state attorneys general, DOJ, CFPB, FDA, Department of Education, Department of Labor, and other state and federal bodies. The panelists will discuss how the government views compliance policies, programs, and systems; how such programs can be presented to a regulator; and, of course, how to incorporate best practices into a robust compliance management system.

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Global Advertising Lawyers Alliance Seminar: Advertising Law in the United States and Around the Globe

March 14, 2018 | New York, NY

Join Venable and GALA for panel discussions on influencer marketing, global sweepstakes, and best practices for running a global campaign with a network of international attorneys. CLE credit will also be offered during the two-hour session.

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