May 2013

Steve Madden Settles TCPA Violations for $10 Million

As we have detailed in many posts and legal articles, the Telephone Consumer Protection Act (“TCPA”) provides for, among other things, statutory damages to individuals who receive unsolicited text messages to personal cell phones – unless the messages are sent for emergency purposes or the recipient has given his or her express consent to receive

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Fax Advertisements Must Contain TCPA Opt-Out Language

On May 21, 2013, the United States Court of Appeals for the Eighth Circuit issued a decision that troubled the very judges who wrote it.  In a case involving the Telephone Consumer Protection Act of 1991 (the “TCPA”), the Circuit Court ruled that permissive, or “consented to” facsimile (“fax”) advertisements (that is, where the sender

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New York Set to Hear New E-Cig Regulations Today

While this blog has focused on federal regulations affecting electronic cigarettes (“e-cigs”), which were promised by April 2013, but thus far undelivered by the Food and Drug Administration (“FDA”), several states have taken the matter into their own hands.  Until the FDA heeds the call of several prominent U.S. Senators and publishes its “deeming” regulations

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New FTC Telemarketing Rules Coming Soon?

If you regularly follow this blog, you are aware that the Federal Trade Commission (FTC) has been cracking down on telemarketers and service providers who have allegedly violated the Telemarketing Sales Rule (TSR), sometimes securing multi-million dollar judgments against the defendants.   This morning, the FTC issued proposed changes to the TSR, which may significantly impact

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FCC Issues New TCPA Ruling on Telemarketing Liability

TCPA Declaratory Ruling In a Declaratory Ruling issued on May 9, 2013, the Federal Communications Commission (“FCC”) sought to clarify the extent to which the advertisers of commercial products and services (referred to as “sellers”) can be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) by the third-party telemarketers that place telemarketing

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Illinois and California May Legalize Online Poker in the Near Future

Two new developments have taken shape over the past few days in the online poker and Internet gambling sphere: Illinois legislators released a proposed draft of its Internet gambling and online poker bill and California put forth its third attempt to legalize Internet poker. Illinois’ Online Poker and Internet Gambling Bill As we stated in

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