A recent emerging trend seems to be freelance photographers using brands to create their own marketing campaign using the brand’s product with the hope of working with the brand, or increasing their own sales. Some photographers even tag the brand when posting their photos publicly. If a brand shares the photographers’ publicly posted photos on […]
As of July 1, 2020, the State of California has began enforcement of the California Consumer Privacy Act (CCPA). Interestingly, one aspect of enforcement seems to be based on consumer complaints, even complaints found on social media. Consumer complaints online are generally bad for business and online ratings, but now it could potentially also lead […]
In December, I wrote about a lawsuit regarding a veggie burger being cooked on the same grill as the beef burgers. (Here is the link to my post: https://advertisinglaw.legal/2019/12/05/veggie-burger-or-beef-burger/). The legal question raised was “[w]hether Defendant engaged in fraudulent, false, deceptive and/or unfair conduct and business practices in advertising and selling its meat-free (burger) that […]
As an attorney, I always try to teach my daughters to read before they sign anything. I explain that they need to know and understand what they are agreeing to do, agreeing to give up, etc. Contracts come in different formats, and electronic contracts, like Terms of Use or Terms and Conditions, are part of […]
We are all familiar with HIPAA and the rights to privacy it offers. HIPAA even covers genetic testing done for diagnosis purposes, which means, generally speaking, such results cannot be used for coverage and premium discrimination. However, if one takes a genetic test from a third party not for diagnosis purposes, is it protected under […]
When I was in school, all my teachers usually answered my questions with “look it up.” So, I did. Eventually, I just got accustomed to looking things up, especially using the dictionary for spelling and building my vocabulary. Lately, there seems to be a similar patterns in litigation, “…becoming at least the second court to […]
When I shop, I check to see where the product is from. Of course, I would prefer to buy products made in the USA to support our economy. Just like any other consumer, you can imagine my disappointment when I purchase items claiming to be “made in the USA” and turn out to be from […]
As a mom of two daughters, I always encourage my girls to take care of themselves. Primarily for themselves because they are worthy of self love, but everybody knows that first impressions count. For years I used an analogy that their faces are like an artist’s canvas. If the canvas is not clean and in […]
The Federal Trade Commission and the Florida Attorney General obtained a court order against a telemarketer, who “blasted consumers with telemarketing cold calls promising to permanently and substantially reduce their credit card interest rates. …defendants allegedly promised to save them thousands of dollars in credit card interest and enable them to pay off their credit […]
The Court of Justice of the European Union (CJEU), the highest Court in the EU, struck down Privacy Shield last week. The reasoning of the Court for invalidating Privacy Shield is the lack of protection of data being transferred to the USA since the USA does not offer a GDPR equivalent of protection. Most importantly, […]
