Proceeding Is Important to Electronic Media Content Producers, Television Stations, Advertisers, Educators, Electronics Manufacturers, and Privacy Experts. On January 13, 2010, the FCC released an Order granting two requests for extension of time to file comments in response to the FCC’s Notice of Inquiry (“NOI”) in its “Empowering Parents and…
November 2009 On December 1, 2009, the FTC’s newly-revised Guides on Endorsements and Testimonials will become effective. Broadcasters, including their on-air talent, need to know when a claim is an endorsement/testimonial, what on-air disclosures may be required, and what their obligations are to ensure that claims are truthful and not…
11/11/2009 In Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009), the Ninth Circuit held that unsolicited text messages to mobile phones sent by a retailer may constitute a “call” in violation of the Telephone Consumer Protection Act (the “TCPA”). This decision has sparked an increase in…
10/15/2009 On October 5, 2009, the Federal Trade Commission announced that it finalized the update to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”), which have been in effect in their current form since 1980.1 The evolving practice of companies marketing their goods and services…
February 2006 Notwithstanding the fact that it has been over 35 years since Congress banned cigarette ads from the airwaves, broadcasters continue to ask for advice on whether they may air certain types of tobacco-related advertisements. In fact, questions in this area of law appear to be on the increase.…