In April of 2008, New York State (as well as several other states) passed a law that sought to compel out-of-state online retailers, such as Washington-based Amazon.com and Utah-based Overstock.com, to collect sales tax in connection with sales made to New York State residents.  Normally, an out-of-state retailer would not be required to collect sales…

Earlier this month, we informed you that new regulations were imminent for the electronic cigarette (e-cigarette) industry.   The proposed regulations could be released as early as Monday, according to the Unified Agenda and Regulatory Plan issued by the White House in late December 2012.  While the Regulatory Plan did not specifically mention e-cigarettes as being…

Online dating websites can have staggeringly large numbers of users posting content daily.  Without the proper safeguards in place, online dating websites could be held responsible for the actions of its users.  To protect themselves from facing regulatory actions and unwanted lawsuits, online dating websites should adopt and enforce detailed terms of use and associated policies…

This blog has been closely following the development of Internet poker and gambling in Illinois over the past several months; focusing on the Internet poker bill that was introduced earlier this month, along with the country’s first online lottery program.  The bill, called the Chicago Casino Development Authority Act, has undergone several revisions in recent…

  Will Your Marketing Campaign Be the Target of a Class Action Lawsuit or Regulatory Investigation for Failure to Comply With Recent Revisions to the Telephone Consumer Protection Act?   What is the Telephone Consumer Protection Act (“TCPA”)? The TCPA[1] was passed into law in 1991. The Federal Communications Commission (“FCC”) is empowered to issue…

As previously discussed on this blog, North Carolina and Pennsylvania are at odds when it comes to the legality of Internet sweepstakes cafés.  On Friday, the State of Florida’s made its stance on the matter clear.  Coming on the heels of a scandal involving Internet sweepstakes cafés, which resulted in the Florida Lieutenant Governor’s resignation,…

To complement our recent post regarding attorney general proceedings, we felt it would be helpful to our readers if we commented on another regulating body that affects the marketing and advertising spaces: the Federal Trade Commission (FTC). An Overview of the FTC The FTC is an independent agency established in 1914 to, among other things,…

As the last days of 2011 came to a close, the Department of Justice issued a bombshell opinion changing its longstanding interpretation of the Interstate Wire Act of 1961 (“Wire Act”), one that paved the way for the legalization of Internet poker, and other online casino games, in the United States.1 While industry insiders and…

The appeal of promotional contests, games and sweepstakes is as old as it is obvious: consumers are attracted, and motivated, by the allure of winning money and other prizes.  As a result, companies large and small have utilized these marketing tools to grow sales, connect with consumers, and generate brand awareness for existing product lines…

Today is a big day for fantasy sports betting in New Jersey. On Friday, it was announced that Atlantic City casinos would be allowed to offer fantasy sports betting and this morning the State’s Division of Gaming Enforcement released its temporary fantasy sports regulations.  While we will have to wait for the complete regulations to…

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