Despite the Federal Trade Commission’s (“FTC”) recent focus on unsolicited telemarketing campaigns, it has not backed off in its effort to reduce deceptive marketing campaigns.  On October 21, 2013, the Federal Trade Commission (“FTC”) filed a complaint against several sellers of human chorionic gonadotropin (“HCG”), claiming that deceptive marketing techniques were used to market the…

In addition to monitoring the progress of the Food and Drug Administration’s (“FDA”) federal e-cig regulations, we have also kept our eyes focused on state-specific e-cig regulations.  As we previously noted, under Mayor Michael Bloomberg’s direction, New York City has contemplated heavily regulating flavored e-cigs throughout the City.  We have recently learned that the New York City…

People have been playing in online fantasy sports leagues for a long time.  When the federal government created a specific carve-out for fantasy sports in the Unlawful Internet Gaming Enforcement Act (UIGEA) in 2006, paid money leagues became legal on a federal level for the first time and the ability to collect monetary prizes in…

In late September, California enacted several laws that place stricter requirements on operators of websites and other online services that collect certain information about California residents.  These Internet data privacy laws will go into effect on January 1, 2014.  One of the laws focuses on cookies, small files that are stored on users’ computers to…

The TCPA                    The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 but has only caught fire as a preferred basis of litigation in the past few years.   The TCPA, with some exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for…

As many of you are aware, beginning today and with limited exceptions, prior express written consent will be required for all autodialed and/or pre-recorded marketing calls/texts sent to cell phones and pre-recorded calls made to landlines.  Additionally, telemarketers can no longer rely on previous business relationships with customers to get around the prior written consent…

So you have been served with a Telephone Consumer Protection Act (“TCPA”) Class action.  The immediate questions invariably come to mind:  What is the TCPA?  What did I do wrong?  How do I make this TCPA lawsuit go away without destroying my business and/or consuming the next two years of my life? Background on the…

The Missouri Attorney General recently entered into an enormous settlement resulting from a multi-state investigation involving a marketing company that allegedly engaged in deceptive marketing by enrolling consumers in discount clubs and memberships without their knowledge or consent and billing them on a recurring monthly or yearly basis. Affinion Group, Inc. and its subsidiaries, Trilegiant…

On October 2, 2013, the United States District Court for the District of New Jersey rejected a defendant’s argument that class action proceedings under the Telephone Consumer Protection Act (“TCPA”) are not the superior means of resolving TCPA class action claims because alternative forums are available.  Specifically, in a federal action involving transmission of unsolicited…

People have been playing in online fantasy sports leagues for a long time.  When the federal government created a specific carve-out for fantasy sports in the Unlawful Internet Gaming Enforcement Act (UIGEA) in 2006, paid money leagues became legal on a federal level for the first time.  However, the ability to collect monetary prizes in…

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