Today, on the 10 year anniversary of implementing the National Do-Not-Call Registry within the Telemarketing Sales Rule (“TSR”), the Federal Trade Commission (“FTC”) announced its biggest Do-Not-Call related settlement to date: $7.5 million. National Do-Not-Call Registry List The National Do-Not-Call Registry is managed by the FTC and allows consumers to place their home and mobile telephone…

In response to requests from industry and consumer organizations to update its 2002 search engine advertising guidance, the Federal Trade Commission (“FTC”) has issued explanatory warning letters to 24 prominent search engine companies, including Google, Yahoo!, Bing and AOL. Content of FTC Warning Letters The letters serve as an attempt to educate search engine companies…

As stated on this blog, the Telephone Consumer Protection Act (“TCPA”) was passed into law in 1991 and empowers the Federal Communications Commission (“FCC”) to issue rules and regulations regarding unsolicited telemarketing calls, texts, faxes, pre-recorded calls and autodialed calls.  Furthermore, the TCPA allows for private rights of action, which has resulted in several high profile…

On June 20, 2013, the United States District Court for the Southern District of California dismissed a putative TCPA class action that had been filed against Redbox Automated Retail, LLC (“Redbox”). TCPA Class Action Facts and Analysis The Redbox plaintiffs alleged that they each received a text message from Redbox, to which they responded “STOP.” …

Promotional contests and sweepstakes can be a cost-effective and dynamic marketing tool, especially when used in combination with Internet and mobile marketplaces.  Despite the appeal, there are myriad state and federal laws that apply to such games, and any would-be sweepstakes operator could incur substantial legal liability if these laws are not followed closely. Games…

As discussed on this blog, earlier this year the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), which are set to go into effect on July 1, 2013.  The COPPA amendments will have equally binding effects on both websites and mobile apps. New COPPA Requirements In essence, the…

In what may have been the final assault on class-action arbitration waivers, the United States Supreme Court ruled yesterday that the Federal Arbitration Act (“FAA”) does not permit courts to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.  Although the decision was brief, the reach of…

As detailed on this blog, the Food and Drug Administration (“FDA”) previously gave notice that it would publish its long-awaited e-cig regulations in April 2013.   Despite those representations and the urging of several U.S. Senators, the FDA has still not issued the proposed e-cig regulations or published the promised list of dangerous chemicals found in e-cigs.  In…

As many of you are aware, earlier this year, New Jersey Governor Chris Christie signed an online gaming bill into law which, among other things, allows licensed service providers to operate online gaming websites so long as they are partnered with Atlantic City brick and mortar casinos.  These service providers will deliver the technical framework…

While some businesses might be under the impression that posting a privacy policy on their web venue or mobile application (“app”) is of little importance, in truth, a well-crafted privacy policy is a key aspect of any Internet or mobile venture.  Letting website/mobile app visitors know, via your privacy policy, what personally identifiable information you…

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