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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
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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 through subscriptions, donations and other forms of direct payment from followers. Brand deals are the main source of revenue at about 70%, according to survey data.[2] Indeed, a recent survey indicates that 64% of consumers are “more willing” to purchase a product when it is marketed by their favorite influencer.[3] And “9 in 10 marketers…
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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…
Cal. High Court Softens Draconian Arbitration Fee Rule
August 19, 2025
Cal. High Court Softens Draconian Arbitration Fee Rule
By: Robert Ward
California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close to, but does not cross, that line. At the same…
Affiliate Marketers Need to Be Aware of the CFTC
June 23, 2013
Affiliate Marketers Need to Be Aware of the CFTC
By: Ifrah Law
Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the U.S. Commodity Futures Trading Commission (CFTC), which regulates these markets….
Wyndham Case Challenges FTC’s Authority Over Cybersecurity
June 12, 2013
Wyndham Case Challenges FTC’s Authority Over Cybersecurity
By: Ifrah Law
Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain more stringent data-security practices. No company has ever challenged the FTC’s authority to regulate cybersecurity in this way in court – until now. On June 17, 2013, a federal court will finally get a…
FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA
May 2, 2013
FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA
By: Steven Eichorn
On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the agency is making a concerted effort on a number of fronts to enforce the laws that protect consumer data and privacy. The FTC’s current action involves a…
FTC, Rent-to-Own Stores Settle Charges of Spying on Consumers Via Rented Computers
April 26, 2013
FTC, Rent-to-Own Stores Settle Charges of Spying on Consumers Via Rented Computers
By: Ifrah Law
The Federal Trade Commission recently approved nine final orders that settle charges against seven rent-to-own stores and a software design firm and its principals. The charges stemmed from shocking allegations that the companies spied on consumers using computers that the consumers had rented from them. Among other things, the Commission’s complaint alleged that the computers were equipped with software (PC Rental Agent) that used the…
What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know
April 25, 2013
What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know
By: Michelle Cohen
“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have experienced cramming on their wireline bills for years, particularly for premium and other pay-per-call services. And the FTC has brought nearly two dozen cases against those companies. With so many U.S. consumers…
