Newsletters

02.21.19

Fake Likes, Followers Yield Real Legal Action

In what is being called the first enforcement action involving fake social media endorsements, New York Attorney General Letitia James announced a settlement with a company that allegedly sold the likes and views of fake followers on Twitter, YouTube, LinkedIn, SoundCloud and Pinterest.


02.21.19

Fiji Water Girl: From Photobombs to Lawsuit

Taking full advantage of her 15 minutes of fame, the model dubbed the “Fiji Water Girl” has now filed suit against the company.


02.21.19

Court Smashes Lanham Act Claim Against Smashburger

A California federal court recently granted partial summary judgment in favor of In-N-Out Burger on a Lanham Act claim against Smashburger, ruling that one of the challenged advertising claims was literally false.


02.14.19

Newsom’s Six-Month Paid Family Leave Agenda

Shortly after being sworn in as the new governor of California, Gavin Newsom proposed extending California’s current six-week paid family leave (PFL) to six months.


02.14.19

Gym Wins Dismissal After Court Finds Texts Informational

A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit.


02.14.19

Text Messages Part of Ongoing Business Transaction, California Court Rules

Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California federal court has ruled.


02.14.19

Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005.


02.14.19

Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.


02.14.19

Manatt’s Continuing Coverage on Significant Post-ACA International Developments

Nearly a year after the D.C. Circuit’s ACA International decision changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts still ...


02.14.19

Asterisk Can’t Save Ad Claims, California Court Says

In a false advertising suit challenging the labeling for a dietary supplement, a California federal court ruling reinforced that a disclosure cannot save an unsupported ad claim.