August 26, 2022

Advertising Law News and Analysis

2 min

The Pandemic May Be Over, but Price-Gouging Laws Live On

In May 2020, New York Attorney General Letitia James took action against Quality King Distributors, Inc., a wholesaler that, according to James, illegally increased its prices to sell Lysol disinfectant products to neighborhood grocery and discount stores in New York. A New York state court tossed the case a few months later, finding that Quality King did not "uniformly raise their prices on Lysol products to these customers." This week, a New York appellate court disagreed.

Syncing Marketing and Legal: Compliance Considerations for Cause-Related Marketing

Doing good doesn't get old. But marketing leaders know that effective promotion of a company's charitable giving requires a subtle combination of bedrock advertising principles with a few twists. It's often here that marketing and legal meet at the eleventh hour before a campaign goes live. Understanding the bounds of federal, state, and local laws that regulate charitable fundraising before these efforts launch helps marketing teams to be more efficient.

Ticket Platforms, Beware: New York Axes Hidden Fees for Concerts and Entertainment Events

In June, New York enacted a ticket transparency law seeking to make sweeping changes to how ticket prices are communicated to consumers and eliminate deceptive ticket pricing practices. The law will go into effect on August 29, 2022, leaving little time for ticket platforms, resellers, and entertainment venues to make necessary changes to their ticket selling practices and checkout flows.

The Aftermath of the FCC Receiver Proceeding: Our Expectations

The Federal Communications Commission has concluded its official comment cycle for the Notice of Inquiry "Promoting Efficient Use of Spectrum through Improved Receiver Interference Immunity Performance." As expected, most industry comments support a hands-off, industry-led approach to governing receiver performance, while academics and policy doyens argue for more comprehensive and stringent policies, including the adoption of actual rules, such as to establish harms claims thresholds for receivers.

CFPB Warning to Consumer Financial Services Digital Marketing Providers

Through a new interpretive rule announced this month, the Consumer Financial Protection Bureau has declared that digital marketing providers can be held liable under the Consumer Financial Protection Act if they engage in or substantially assist unfair, deceptive or abusive practices in advertising financial products on behalf of banks and nonbanks covered by the CFPA.