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New Advisory Bulletins

Utah Child Protection Registry Act Challenge Denied by U.S. District CourtUtah Child Protection Registry Act Challenge Denied by U.S. District Court [April 2007]

By Ronald G. London

The U.S. District Court in Utah has refused to issue a preliminary injunction in the challenge to the Utah Child Protection Registry Act, which allows registration of email addresses and other "contact points" utilized by minors (e.g., IM identities, phone/fax/wireless numbers, etc.), and bars for those contact points the marketing of goods and services that are illegal for minors to buy and/or the transmission of material that is itself "harmful to minors" (e.g., pornographic content). The registry affects the practices of providers of alcohol, cigarettes, gambling, and adult-entertainment and related products, among others. The Act imposes strict liability, and fines of up to $1,000 per message sent in violation of the law, as well as potential criminal penalties.

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Articles & Publications

Current Privacy Issues Facing Marketers
By Robert J. Driscoll
Reprinted with permission by Privacy & Data Security Law Journal
 
Recent Developments in Advertising of Online Gaming
By Robert J. Driscoll
Posted with permission of Advertising Compliance Service
 
Read Kraig Baker's interview with The Wall Street Transcript and learn his views on the legal issues involved in contemporary advertising, email and viral marketing. Posted with permission of The Wall Street Transcript, Sept. 2005
 
Selected text from "The Advertising Lawer," by
Leonard Orkin, from Inside the Minds (Aspatore Books, 2005).
 
Selected portions of Chapter 84 "Commercial Defamation" by Victor A. Kovner and Lance Koonce, from Commercial Litigation in New York State Courts, Second Edition (Robert L. Haig ed.) (West & NYCLA 2004) are reprinted with permission of West. Copyright (c) 2004.

 

Previous Bulletins & Articles

FTC Staff Opinion on "Word of Mouth" Marketing [Dec. 2006]

Crackdown on Online Gambling Presents Continued Risks for Media [August 2006]

FCC Completes Rulemaking to Implement Junk Fax Prevention Act of 2005 [April 2006]

Florida Relaxes Sweepstakes Advertising Disclosure Requirements [Sept. 2005]

FTC Calling for Comments on Proposed CAN-SPAM Rules[May 2005]

FTC Rejects Heightened Disclosure Requirements for Product Placements [Feb. 2005]

Alcohol and Tobacco Tax and Trade Bureau Announces New Alcoholic Beverage Advertising Program [Jan. 2005]

FTC Issues Final CAN-SPAM Rule On Definition of “Commercial” Email Messages
[Dec. 2004]

Successful Comparative Advertising
—Self-Regulation and Comparative Claims—
Session on Clear and Adequate Disclosures

Presentation at The Annual NAD Conference [Oct. 2004]

Consumer Protection Newsletter [Mar. 2004]

Why Format, Not Content, Is the Key to Identifying Commercial Speech Case Western Reserve Law Review, Vol. 54 No.4, 2004

Effective Dates of New Federal Telemarketing Rules Set, Counterpart FCC and FTC Rules Set New Do-Not-Call, Abandoned Call, Caller ID, and Other Limits [July 2003]

Navigating the Web of Rules Governing Internet Advertising [Aug. 2002]

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