Bucking the prevailing trend of courts throughout the country, the Supreme Court of the State of Illinois recently held that damages under the Telephone Consumer Protection Act of 1991 (“TCPA”) are meant to be remedial in nature and not punitive.  The holding has clear implications for businesses that find themselves subject to TCPA litigation and…

Despite the lack of support for a federal online poker bill introduced last year in the U.S. Senate, and amid rumors of Rep. Peter King (R-NY) proposing a new federal online poker bill, there is now an indication that Rep. Joe Barton (R-TX) may introduce another federal Internet poker bill as early as June. Federal Online Poker Bill According to the…

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…

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…

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…

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…

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…

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…

The Supreme Court of Nebraska recently joined an increasing rank of courts across the country that require more than the simple operation of a commercially interactive website to assert jurisdiction over a defendant.  Since the dawn of the Internet age and the explosion of online businesses, courts have struggled with the question of precisely when…

As we detailed in a post from December 2012, the Federal Trade Commission (FTC) adopted final amendments to its Children’s Online Privacy Protection Rule (COPPA), which will go into effect on July 1, 2013.  The amended rule will affect websites and mobile applications (apps) that collect or use information submitted by children under the age…

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