Advertising

FCC Holds That Texts Confirming Opt-Outs Do Not Violate TCPA
November 30, 2012

Yesterday the Federal Communications Commission (FCC) released a Declaratory Ruling stating that sending a one-time text message to confirm receipt of a consumer’s request to opt out of receiving text messages does not violate the Telephone Consumer Protection Act, 47 U.S.C. Section 227 (TCPA), if the following conditions are met...

Gift Card Bill Banning Expiration Dates, Non-Use Fees Introduced in Congress
November 28, 2012

On November 23, 2012, US Senator Richard Blumenthal, D-CT, introduced the Gift Card Consumer Protection Act of 2012. Blumenthal’s bill would strengthen current federal regulations by completely banning gift cards with expiration dates and non-use fees, forcing companies that file for bankruptcy to honor unredeemed gift cards, and prohibiting such companies from issuing new cards.

Eastern District of Pennsylvania Follows Ninth Circuit’s Landmark Network Automation Keyword Advertising Decision
November 1, 2012

The Eastern District of Pennsylvania recently adopted the Ninth Circuit’s landmark Network Automation decision, which makes it far more difficult for plaintiffs to prevail on trademark infringement or unfair competition claims stemming from the purchase of a competitor’s trademarks for keyword advertising. While the case, CollegeSource, Inc. v. AcademyOne, Inc., also discussed false advertising, the US Computer Fraud and Abuse Act, and breach of contract and unfair competition claims, the court’s keyword advertising holding was by far the most notable part of the opinion.

Data Security & Privacy

FTC Develops Privacy Nutrition Label
November 29, 2012

The Federal Trade Commission (FTC) recently announced plans to develop a "nutrition label" for data collection. Essentially, the label will function as a template that websites can customize to succinctly tell consumers what kind of data they are collecting and how they are using it. Once developed, the FTC intends for this mechanism to become a commonly recognized aspect of websites so that consumers will be more likely to understand the activities of websites that they visit.

Seventh Circuit Holds That Disclosure of Former Employee’s Migraines to Prospective Employers Did Not Violate ADA
November 26, 2012

In a case that places some limits on the confidentiality requirements under the Americans with Disabilities Act (the ADA), the Seventh Circuit held that an employer did not violate the ADA when it disclosed a former employee’s medical condition to prospective employers, after the employee had voluntarily disclosed the condition to his former employer. E.E.O.C. v. Thrivent Fin. for Lutherans, No. 11-2848, 2012 WL 5846208 (7th Cir. Nov. 20, 2012).

Fashion & Entertainment

Lululemon Settles Patent Infringement Suit with Calvin Klein
November 28, 2012

Lululemon athletica canada inc. (lululemon) and Calvin Klein, Inc. (Calvin Klein) have agreed to settle their patent infringement lawsuit involving the design of yoga pants.

Hot Topics

This month, we wanted to bring your attention to an interesting article related to the enforceability of arbitration clauses in online contracts:

Employees' E-Signatures Constitute Valid Assent to Employment Arbitration Policy
November 5, 2012

A Central District of California court recently held, in the matter of Rosas v. Macy’s, Inc., case no. 2:11-cv-07318-PSG-PLA,that the electronic signatures of three employees constituted consent to their employer’s arbitration policy, and were therefore compelled to arbitrate their wage-and-hour claims.