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Is Scrolling the New Smoking?
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January 21, 2026
Is Scrolling the New Smoking?
By: Lauren Scribner
In the final weeks of 2025, New York passed a law requiring social media platforms with “certain predatory features” to display warning labels about “the dangerous impact” those features pose to the mental health of users under the age of eighteen.[1] These so-called “predatory features” include continuous and infinite scrolling, displaying addictive feeds, and automatically playing video content.[2] Warning labels will be displayed upon the initial use of the “predatory feature” and “periodically thereafter, based on continued use.”[3] Users will not have an option to bypass or skip the warnings. In support of the new measure, New York Governor Kathy Hochul stated, “[w]ith the amount of information that can be shared online, it is essential that we prioritize mental health…
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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
December 12, 2025
Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
By: Lauren Scribner
The “influencer economy,” in which so-called “content creators” share user-generated content such as livestreams or short-form film, is showing no signs of slowing down. Currently valued north of $250 billion, it is projected to reach nearly $500 billion by 2027.[1] “Creators earn income primarily through direct branding deals to pitch products as an influencer; via a share of advertising revenues with the host platform; and…
The SEC Signs on to Arbitration
September 29, 2025
The SEC Signs on to Arbitration
By: George Calhoun
Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement. This policy shift will permit companies to include arbitration clauses in their governing documents to require securities litigants (including class action plaintiffs) to pursue their…
Highlights And Takeaways from the October 30th FTC Lead Generation Workshop
November 3, 2015
Highlights And Takeaways from the October 30th FTC Lead Generation Workshop
By: Nicole Kardell
Exploiting consumers and exploiting consumer data were popular themes in the FTC’s October 30th workshop on lead generation, “Follow the Lead.” The day-long workshop explored the mechanics of lead generation and its role in the online marketplace. With a focus on the lending and education spaces, panelists discussed the many layers of marketing involved in lead generation—and importantly—how those many layers can add confusion…
Jumping To Judgment on For-Profit Education
October 15, 2015
Jumping To Judgment on For-Profit Education
By: Nicole Kardell
If you didn’t know any better, you might have gotten pretty fiery over for-profit education after reading one of the front page stories of Tuesday’s New York Times. The lengthy article titled “For-Profit Colleges Fail Standards, but Get Billions” is all about accusations of greedy institutions bilking taxpayers and taking advantage of students through fraud and other deceptive practices. Why the story ran on…
TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent
September 16, 2015
TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent
By: Michelle Cohen
Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and state attorney generals can, and do, enforce the TCPA. In fact, the FCC recently issued citations to Lyft, the ride-sharing service, and First National Bank (“FNB”). Under the Communications Act,…
The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements
August 13, 2015
The Key to Steering Clear of the FTC’s Crack Down on Car Dealership Advertisements
By: Ifrah Law
Car dealerships are notorious for running loud, flashy ads with too-good-to-be-true offers for outrageous deals to buy or lease cars. Some dealerships downplay or even hide the seemingly endless list of qualifications on those offers which render many potential buyers ineligible for the deals, much to the irritation of misled consumers. The FTC has taken action to stop these misleading practices by continuing its…
State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”
July 9, 2015
State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”
By: Michelle Cohen
Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information, including social security numbers, job history, pay, race, and benefits. Amid a host of other public relations issues, the Trump organization recently discovered a potential data breach at its hotel chain. If you visited the…
