Tag Archives: Legislation

Common sense, you can photograph your kid’s school nativity play

At last, common sense has triumphed with the Information Commissioner’s Office (ICO) issuing a press release confirming that the Data Protection Act 1998 does not prevent family and friends from taking photographs at school concerts or plays this Christmas, but that doesn’t mean little Johnny can appear in the next sweetie ad! The ICO emphasised … Continue Reading

The Twilight Days of the Free Lunch?

Does the  Bribery Act, which comes into force next April 2011, mean the end of corporate hospitality? If so it will certainly hit the media industries harder than most, and yet the ad world has yet to really get to grips with the implications of this new legislation. It is not that the industry is corrupt … Continue Reading

The Online Behavioral Advertising Debate Heats Up in D.C.

A draft Commerce Department report being reviewed by the White House that recommends the creation of a privacy policy office and passage of legislation that establishes "a baseline privacy framework" was leaked yesterday and is proliferating as we speak (or write). In all, the report makes 10 recommendations and poses dozens of questions on many … Continue Reading

Google’s New Trade Mark Policy – Buyers Beware

Google’s new trademark policy comes into play from the 14th September 2010 in UK, Ireland and Canada, and effectively most of Europe. The change has been received with differing views. One view is that it will ultimately result in a better surfing experience for users; the other is that it is nothing other than a ruse … Continue Reading

ANA Wins Major Legislative Victory on New FTC Enforcement Powers

This post was written by Dan Jaffe. ANA and the entire marketing community won a major victory on the day after we celebrated our 100th anniversary! At 3:05 AM this morning, Senate and House conferees approved the final version of the Wall Street reform legislation. Fortunately for us, that bill does not include the sweeping … Continue Reading

California Post-Mortem Rights of Publicity for Soldiers and More

California legislature recently passed a California bill (ABA 585) that extends California’s post-mortem right of publicity to people who became famous because of their deaths. Effective January 2011, the bill amends section 3344.1 of the California Civil Code, which already provides a descendible post-mortem right of publicity to “personalities.” “Personalities” are currently defined as “any … Continue Reading

How Much Are You Worth?

As many of our readers are likely aware, the Credit Card Accountability, Responsibility and Disclosure Act (the “CARD Act”) largely becomes effective in just a few days – February 22, 2010. The CARD Act was signed into law in May 2009 to establish new regulations, standards and disclosure requirements for open-end consumer credit plans. In addition to … Continue Reading

Maine Introduces COPPA Extension Bill

Last year, the Maine Legislature adopted 10 MRSA c. 1055, which, among other things, attempted to extend COPPA-like protection to all minors (that is, children under the age of 18). The law was plagued by a number of issues, including questions regarding its constitutionality, and ultimately caused the Maine attorney general to promise not to … Continue Reading

Status of Legislative, Regulatory and Legal Issues Affecting Advertising – A Report from the ANA

This post was written by Dan Jaffe. Adlaw by Request is pleased to present you with the Association of National Advertisers’ recently released Study, entitled “Status of Legislative, Regulatory and Legal Issues Affecting Advertising“. This is an important read that covers a very broad range of contemporary issues affecting almost every sector of industry. If … Continue Reading

California Legislature Passes New Law Imposing Permit Fees on Child Actors

California has long had a law requiring that children seeking to be employed in entertainment productions, or as advertising or photographic models, must obtain an Entertainment Work Permit prior to beginning work. See Cal. Labor Code § 1285 et seq.; see also 8 C.C.R. 11750 et seq. The Entertainment Work Permits were issued free of charge upon … Continue Reading

New Bill Concerns Media Vendors

We’ve written in the past on Adlaw by Request about pending legislation that’s winding its way through Congress to establish a new agency, the Consumer Finance Protection Agency (the “CFPA”). H.R. 3216, the Consumer Financial Protection Agency Act (the “Act”), seeks to protect consumers of financial products through the creation of a powerful independent agency with … Continue Reading

Maine Children’s Privacy Law Update

This post was written by Dan Jaffe. The business community has won an important victory in a lawsuit challenging a Maine law that severely restricts the collection, transfer and use of “personal information” or “health-related information” from minors.  The Maine Attorney General has publicly committed not to enforce the law, which was scheduled to take … Continue Reading

“No Credible Risk of Enforcement” – Opponents of Maine Privacy Law Await Decision

The lawsuit filed in Maine to stay enforcement of a Maine privacy law targeting minors, received a hearing today in federal district court. The Maine attorney general argued that the motion for a preliminary injunction should be denied and that the case should be dismissed. MediaPost reports that Attorney General Janet Mills, having already stated … Continue Reading

New Federal Privacy Bill in the Works: Behavioral Advertising “Beneficial,” But Must Be Done “Appropriately”

On June 18, 2009, Congressman Rick Boucher (D-Va.) participated in a House subcommittee hearing on behavioral advertising, and gave an opening speech in which he outlined his desire to introduce behavioral advertising legislation for consideration by this Congress. In this speech, Congressman Boucher admitted to being both a supporter and beneficiary of targeted advertising, and he … Continue Reading

Federal Gift Card Regulations

President Obama recently passed the Credit Card Act of 2009 that, among other things, amends the Electronic Funds Transfer Act by implementing federal regulation of general-use pre-paid cards, gift certificates and store gift cards. The law addresses three key areas: (i) dormancy fees, inactivity charges and service fees; (ii) expiration dates; and (iii) the relation to … Continue Reading

FTC Releases Mobile Marketplace Report

On April 22, the FTC issued a Report concerning consumer protection issues arising in the mobile commerce marketplace, entitled “Beyond Voice: Mapping the Mobile Marketplace.”  The Report followed several public meetings involving the FTC since 2000, including those held on May 6-7, 2008 and in November of 2006. In concluding that “the FTC staff is committed to … Continue Reading

What Do We Have to Look Forward to in 2009

It’s a new year, and change is in the air. Although the holidays are over, some groups in Washington are hanging on to their wish lists with the hopes that President Obama will grant their desires. Over the past few months, Obama has sent agency review teams into dozens of government offices, ranging from the Pentagon … Continue Reading