Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Food & Drug Administration; FDA; pharmaceuticals; pharmaceutical industry; drug manufacturers; direct-to-consumer advertising; DTC advertising; broadcast advertisements; commercials; prescription drugs; fair balance; efficacy claims; risk disclosures; First Amendment; commercial speech; Central Hudson; learned intermediary doctrine; regulatory compliance defense; preemption (1)
- Privacy; Internet Law; AdTech; Data Privacy; Advertising Technology; Marketing; Information Privacy; Consumer Law; VPPA (1)
- Public Nuisance; Text Message; Robotext; Scam; Fraud; Marketing; Cell Phone; Spam (1)
- Reed v. town of gilbert; private speech regulation; fcc; ftc; robocalls; telemarketing; first amendment; constitutional law; tcpa (1)
- Securities Regulation; Finfluencer; Social Media; Social Media Influencer; Investment Adviser; Investment Advice; Meme Stocks (1)
Articles 1 - 6 of 6
Full-Text Articles in Marketing Law
The Extraordinary Extension Of The Video Privacy Protection Act: Why The “Ordinary Course Of Business” Of An Analog Era Is Anything But Ordinary In The Digital World, Elizabeth Gemdjian
The Extraordinary Extension Of The Video Privacy Protection Act: Why The “Ordinary Course Of Business” Of An Analog Era Is Anything But Ordinary In The Digital World, Elizabeth Gemdjian
Brooklyn Law Review
In the last dozen years, a wide range of companies—from streaming platforms to consumer goods brands to nonprofits—have been the target of lawsuits under an idiosyncratic, outdated law: the Video Privacy Protection Act of 1988 (VPPA). The VPPA focuses only on consumers’ privacy related to video content; it prohibits a party that has data on a consumer’s video viewing history, along with personally identifiable information about that consumer, from disclosing that information without the consumer’s consent. While the VPPA did not get much attention in court until recently, in the past decade, the volume of VPPA-related claims has exploded. This …
“Finfluencers In The Wild” A Call For Regulation Addressing The Growth Of Online Investment Advice, Mia Stefanou
“Finfluencers In The Wild” A Call For Regulation Addressing The Growth Of Online Investment Advice, Mia Stefanou
Brooklyn Law Review
Illustrated in part by the abnormal market volatility that resulted from the popularity of meme stocks in early 2021, a new era of securities trading is taking place. With increasing frequency, investors look to social media discourse for investment advice. The current regulatory regime in the United States fails to address the increasing prominence of a new type of market participant—the “finfluencer.” This new breed of advisor is the social media influencer who provides investment advice to other users online. This note discusses the global conversations surrounding the emergence of this group, examines the US governance framework, specifically the Investment …
To “Opt Out” Go To Court: How The Public Nuisance Doctrine Can Solve The Robotext Circuit Split And Support Plaintiffs, Talia L. Balakirsky
To “Opt Out” Go To Court: How The Public Nuisance Doctrine Can Solve The Robotext Circuit Split And Support Plaintiffs, Talia L. Balakirsky
Brooklyn Law Review
Text messaging is now one of the predominant modes of communication. Because of this popularity, businesses and fraudsters alike are now consistently communicating with and targeting consumers by text, leading to an uncountable amount of unsolicited text messages. Courts across the country are grappling with how to remedy a wide range of injuries resulting from these messages. As outlined in Article III of the Constitution and later clarified by the Supreme Court in Spokeo v. Robins, to bring a case in federal court, plaintiffs must assert standing. With unsolicited text messages impacting millions of Americans, adequately asserting standing proves to …
Direct-To-Consumer Calls To Action: Lowering The Volume Of Claims And Disclosures In Prescription Drug Broadcast Advertisements, Andrew Andrzejewski
Direct-To-Consumer Calls To Action: Lowering The Volume Of Claims And Disclosures In Prescription Drug Broadcast Advertisements, Andrew Andrzejewski
Brooklyn Law Review
Pharmaceutical companies advertise drugs directly to consumers via television and radio broadcast commercials, print advertisements, and the internet. Although broadcast advertisements are demonstrably unable to adequately convey risk information, a total ban on them would be too restrictive, and any regulation targeting these advertisements must withstand First Amendment scrutiny. The FDA’s recent attempts to modify its requirements for broadcast advertisements do not overcome these challenges. It is in the best interest of patients, doctors, the drug industry, and the government for Congress to authorize the FDA to regulate broadcast drug advertisements as limited calls to action, consisting of restricted product …
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc’S Tcpa Rules, Justin (Gus) Hurwitz
Brooklyn Law Review
This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent and technological and regulatory developments. Robocalls—phone calls made using autodialers or prerecorded messages without the consent of the call recipient—have become one of the primary consumer protection issues facing regulators. With more than 2.4 billion of these calls placed each month, consumer concern about them dominate complaints received by both the Federal Communications Commission and Federal Trade Commission. Simultaneously, as cellphones have become a ubiquitous means by which individuals engage with one another and have become the public square, …
A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello
A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello
Brooklyn Law Review
Due to the rapid growth of the secondary resale market, purchasing tickets at their face-value price is becoming a fleeting expectation. While ticket scalping has existed quite possibly as long as tickets themselves have, innovations in invasive purchasing practices are leading to unprecedented profit margins for ticket scalpers and a greater distance between consumers and the original ticket sale. With ticket scalpers employing advanced ticket purchasing software, referred to as bots, consumers are left with no option but to surrender to steep resale prices, which often have no ceiling. Though ticket scalping regulation has developed, these legislative efforts have been …