Recent Bulletins

If You Happen to be in Oslo This Week… February 8th, 2011

February 8, 2011 — . . . be sure to visit the Nobel Peace Center for a special exhibition of Congo/Women, a collection of photographs highlighting the gender-based violence faced by girls and women in the Democratic Republic of Congo. Congo/Women, which has previously exhibited at the US House and Senate, the UK Parliament’s House of Commons, and the UN in Geneva and New York, is a project of Friedman Law Group’s pro bono client, Art Works Project (AWP). AWP uses design and the arts to raise awareness of significant human rights and environmental issues. For more information about AWP, Congo/Women and other AWP projects (or to make a donation), please visit www.artworksprojects.org.

Grace Period for Gift Card Disclosures Now Over February 8th, 2011

February 8, 2011 — In order to avoid the destruction of over 100 million gift cards that failed to meet the requirements of the 2009 Credit Card Responsibility and Disclosure (CARD) Act, last July Congress passed the ECO-Gift Card Act. For gift cards produced prior to April 1, 2010, the ECO-Gift Card Act extended the effective date for certain mandated disclosures from August 22, 2010 to January 31, 2011.  Now that the delayed effective date has been reached, gift cards, regardless of the date of production, must be in full compliance with all applicable requirements of the CARD Act and the Federal Reserve’s rule implementing the CARD Act.

Brace for Increased Consumer False Advertising Suits in Wake of Recent California Supreme Court Opinion February 8th, 2011

February 8, 2011 — “Simply stated: labels matter.” So reasoned the California Supreme Court in a recent opinion that will undoubtedly result in an increase in the number of unfair competition and false advertising suits in California.

The Court held that consumers who purchase a product in reliance on a false claim have standing to sue the manufacturer under California’s unfair competition and false advertising laws, even if the product was not defective, overpriced or of inferior quality.  Kwikset Corporation v. Superior Court of Orange County, No. S171845 (Cal. Sup. Ct. Jan. 27, 2011).  Read the rest of this entry »

False Endorsement or Protected Speech? Risks of Using Celebrity “News” in Advertising January 23rd, 2009

January 23, 2009 — Two recent disputes involving high-profile music entertainers highlight the controversy over advertising strategies intended to capitalize on current events or celebrity “infotainment.” Read the rest of this entry »

What’s the Deal with Text Message Promotions? October 18th, 2007

October 18, 2007 — Recent filings in Georgia and California call into question the legitimacy of text messaging promotions in the entertainment industry.In May 2007, a class action complaint was filed in California against Endemol USA, Inc., NBC Universal, Inc., Don Jagoda Associates, Inc. and other involved in the Lucky Case Game, a promotion featured during the NBC television program Deal or No Deal. Read the rest of this entry »

FTC Enters Gift Card Arena September 4th, 2007

September 4, 2007 — In the first Federal Trade Commission (FTC) enforcement action involving gift cards, Kmart Corporation was charged with deceptive practices in the advertising and sale of gift cards. Kmart has agreed to modify the way it markets its cards. Read the rest of this entry »