A California appeals court has allowed a putative-class-action complaint to proceed against an online retailer based on a consumer's allegation that the retailer falsely advertised price discounts and that the consumer would not have purchased the items if he knew he was not receiving a discount. 

Takeaways:

Facebook has implemented a new policy regarding ads related to cryptocurrency. 

The NAD recently recommended that Perdue Farms, Inc. modify or discontinue certain TV and YouTube ads about Perdue's "Harvestland Organic" chicken. 

In the first half of 2018, on the heels of the Equifax breach last fall, a number of state legislatures addressed privacy and data security issues, and in particular, data breach notification. 

Takeaways:

The annual ABA Antitrust Law Spring Meeting held in Washington, D.C., last month included sessions on consumer protection. Key takeaways include the following:

• An increasing number of individuals who are deaf or hard of hearing are challenging the absence of closed captioning as a violation of the Americans with Disability Act (ADA).
• Companies placing video on their websites should consider whether they need to include closed captioning under the ADA.

Because pricing discount and sales class actions are likely to continue and retailers, especially brick-and-mortar ones, may have difficulty enforcing arbitration agreements and class action waivers, companies will want to not only check the ways in which they draft and enforce arbitration agreements, but carefully monitor compliance with pricing laws. 

Arbitration Poison Pill Spells Doom for AT&T's Arbitration Hopes 

Takeaways:

Cy pres remedies … are a growing feature of class action settlements. … In a suitable case, this Court may need to clarify the limits of the use of such remedies." Marek v. Lane, 134 S. Ct. 8, 9 (2013) (Roberts, C.J., respecting denial of certiorari).