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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…
Prepaid Phone Companies Dial a Wrong Number at the FCC
September 12, 2011
Prepaid Phone Companies Dial a Wrong Number at the FCC
By: Nicole Kardell
Companies marketing prepaid phone cards should be on the lookout: the Federal Communications Commission is threatening more-severe penalties for deceptive advertising. The prepaid phone card business is pretty profitable, with the industry raking in billions every year. Plastering phone cards with names like “Africa Magic” and “Hola Amigo,” prepaid calling card companies target immigrant populations, advertising thousands of minutes of talk time to immigrants’ native…
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
August 29, 2011
Google Agrees to Forfeit $500 Million: What Does This Mean for Affiliate Marketers?
By: Jeff Ifrah
In an unusual and little-noticed recent settlement, Google Inc. has agreed to pay a forfeiture of $500 million because it permitted Canadian pharmacies to advertise to United States consumers on its site using Google AdWords, resulting in the illegal sale of prescription drugs through online channels into the United States between 2003 and 2009. The U.S. Department of Justice announced this agreement on August 24,…
What Priorities Will FTC Stress in Its Impending Online Advertising Guidelines?
August 21, 2011
What Priorities Will FTC Stress in Its Impending Online Advertising Guidelines?
By: Nicole Kardell
If you advertise or sell over the Internet, be aware that changes are afoot at the FTC that will affect your business. The Commission is in the midst of revamping its Dot Com Disclosures, guidelines it prepared back in 2000 regarding online advertising. It issued a request for public comment on prospective revisions in late May. Now that the comment period has ended in early…
FTC’s Mortgage Acts and Practices Advertising Rule May Not Help Consumers
August 15, 2011
FTC’s Mortgage Acts and Practices Advertising Rule May Not Help Consumers
By: Nicole Kardell
The FTC recently issued the Mortgage Acts and Practices – Advertising Final Rule. This rule is the FTC’s response to a congressional directive to address unfair or deceptive acts in the mortgage loan industry. Briefly, the MAP Rule (1) gives the FTC and state authorities the ability to seek civil penalties for deceptive mortgage advertising, (2) clarifies and provides examples of what constitutes deceptive mortgage…
Should FTC Sue Law Schools For Misrepresentation?
July 11, 2011
Should FTC Sue Law Schools For Misrepresentation?
By: Jeff Ifrah
On May 25, 2011, a class action was filed against the Thomas Jefferson School of Law (TJSL) in San Diego for intentionally misrepresenting employment data of recent alumni. The complaint states that in order to continue attracting students despite exorbitant law student debt and a depleted legal job market, TJSL has “adopted a practice of misrepresenting its post-graduation employment statistics.” These facts aren’t unique. According…
