Category Archives: disclosures

state can regulate health referral provider’s speech about potential benefits

1-800-411-Pain Referral Service, LLC v. Otto, 2014 WL 904190, No. 13-1167, — F.3d —- (8th Cir. Mar. 10, 2014) My discussion of the opinion below.  411-Pain advertises extensively and connects callers to health care providers or attorneys in their areas.  … Continue reading


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The dangers of monetizing a Twitter feed

I’ve seen commentary about how this article on the successful monetization of photostream Twitter accounts by a company called Kulfoto ignores that the copyright situation of the photos it shares seems to be … unclear at best  However, I was … Continue reading

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HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading

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Second Circuit allows one mandatory pregnancy center disclosure

Evergreen Ass’n, Inc. v. City of New York, — F.3d —-, 2014 WL 184993 (2d Cir. 2014) The City appealed from a preliminary injunction against Local Law 17, which required pregnancy services centers to make certain disclosures about their services. … Continue reading

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Blurred lines, part 3

Panel 3: The Way Forward on Transparency: A discussion of best practices Moderator: Mary K. Engle, Associate Director, Division of Advertising Practices, FTC Examples of native ads: “sponsored” story, labeled as such in gray at the top of the headline, … Continue reading

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Blurred lines: really part 2 this time

Sorry for earlier posting difficulties.  The Lessons of Nauru Bob Garfield, Co-host of On the Media and MediaPost columnist Nauru: was wealthy; phosphate resource from centuries of built up guano was valuable, but only took 50 years to destroy, and … Continue reading

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Name your own price, then pay more: Court upholds Priceline’s model

Freeman v., Inc., 2013 WL 5946069, B242653 (Cal. Ct. App. Nov. 7, 2013) The court of appeals upheld a ruling getting Priceline off the hook for promising one price and delivering another, because the terms and conditions said that … Continue reading

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Is disclosure of recurring charges enough?

At Slate, a story about Boingo raises questions about what other steps a business ought to take to ensure that consumers make informed decisions to keep accepting recurring charges, when we know that many consumers don’t review their bank/credit card statements … Continue reading

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law barring "surcharge for credit" signs unconstitutional

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading

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"unlimited" service that was actually limited could deceive consumers

Chapman v. Skype Inc., — Cal.Rptr.3d —-, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely advertised its voice over IP calling plans as “Unlimited” when they actually limited the number of minutes per … Continue reading

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