In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines.  By various accounts, TCPA filings are up 40-60% in 2013, compared to the same period in 2012. Papa John’s TCPA Settlement On May 17, 2013, Papa John’s delivered the latest headline, agreeing to pay up to $16.335 million to settle a…

We have previously stated that the appeal of promotional contests and sweepstakes is as old as it is obvious: consumers are attracted, and motivated, by the allure of winning money and other prizes.  However, companies large and small have fallen victim to the legal and regulatory pitfalls that plague this space.  Most recently, a large…

A recent ruling by the United States District Court for the District of Utah points towards a nationwide shift in the interpretation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”).  The Court ruled that where an unsolicited marketing email message contains a generic proxy registration name (where the registrant’s true…

As you know, we have been carefully following the progress of potential online poker laws in several states, including Massachusetts, Louisiana and Nevada.  Below is an update on the status of the respective state legislation: Massachusetts’ Online Poker Addendum Deemed Unconstitutional As we detailed in April, the Massachusetts’ legislature attached an addendum to its 2014 fiscal…

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, including the Federal Trade Commission (FTC), Federal Communications Commission (FCC) and…

The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again.  The Federal Court for the Western District of Wisconsin recently ruled that a defendant may be held liable for violating the TCPA, even…

If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants.   In this post, we address the consent requirements for robocalls and…

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