Last month, a jury found mobile gaming company Papaya Gaming Ltd. liable for false advertising for $420 million in actual damages under the federal Lanham Act and New York State law. Papaya competitor Skillz Platform Inc. had alleged that Papaya conducted a multi-year campaign of fraud and false advertising that materially damaged Skillz and the
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Event in Review | Ad Agency Contracts: Key Negotiating Points, Leverage, and Getting to Win-Win
Advertising agency agreements require careful balancing of legal risk, commercial realities, and long-term working relationships. In a recent webinar, Venable partner Barry M. Benjamin discussed how brands and agencies can structure agreements that support collaboration while addressing the unique issues that arise in creative services, media buying, influencer marketing, and promotions administration.
Whether you are…
Shutterstock Settles with FTC for $35 Million for Subscription and Negative Option Marketing Practices
Continuing with its aggressive enforcement of negative option marketing, the Federal Trade Commission (FTC) announced a $35 million settlement with online digital photo and video platform Shutterstock to resolve allegations that Shutterstock violated Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA) in connection with its subscription services. The FTC…
FTC and State AGs Target Reviews and Deceptive Business Listings in Home Services
Last week, the U.S. Department of Justice (DOJ), on behalf of the Federal Trade Commission (FTC), and the Illinois attorney general filed a federal lawsuit in the Northern District of Illinois against Premium Home Service (PHS) and its owner. The complaint alleges that the defendants created thousands of online business listings for purported home repair…
Inside the Ad Law Tool Kit: Fee Disclosures
Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire Tool Kit.
Fee Disclosures
When customers check out, they are used to seeing a list of…
Online Retailers Face Rising Risk from Strike-Through Pricing Claims
A recent review of civil filings in Washington, DC reveals a conspicuous pattern challenging strike-through pricing: a single nonprofit plaintiff, represented by a small group of attorneys, has filed more than 150 lawsuits against online retailers across the country—many of them small businesses.
Surge in DC CPPA Pricing Lawsuits
A DC-based organization is filing the…
U.S. vs. UK Contract Law in Advertising Agency Agreements Explained
Negotiating a cross-border, U.S./U.K. advertising agency services agreement adds some additional wrinkles to the already well-wrinkled list of considerations for every ad agency contract. Obviously, extra consideration must be paid to things like privacy and data security, but more prosaic considerations include termination with/without cause, choice of law, and whether to arbitrate disputes. While all…
New York City Proposes Strict Click-to-Cancel Subscription Requirements
New York City is poised to strengthen local enforcement of autorenewal and subscription programs, largely mirroring and operationalizing requirements already imposed under New York’s autorenewal law.
On April 8, the New York City Department of Consumer and Worker Protection (DCWP), led by Commissioner Samuel Levine, published a proposed “Click-to-Cancel” rule that would require any…
Inside the Ad Law Tool Kit: Email Marketing
Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire Tool Kit.
Commercial email marketing poses private litigation risks and regulatory hurdles that should be considered…
IEEPA Tariffs Invalidated: Rising Class Action Risk for Consumer Pricing
After the Supreme Court’s decision invalidating tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the plaintiffs’ bar has found a new hook for challenges affecting retailers. The litigation risk is landing not just on importers seeking refunds from the government, but on retailers, marketplaces, and service providers that passed tariff costs through to…