In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing…

In a settlement order filed on Monday in an Oregon federal court, the Federal Trade Commission (FTC) banned a company from using deceptive marketing practices in connection with offering consumers work-at-home business opportunities.  The company, Smart Tools LLC and its officers, Kristin Hegg and Curtis Dawn, agreed to pay a $7.4 million judgment for violating…

On the heels of a victory in Florida federal court – the dismissal of a putative class action under the Telephone Consumer Protection Act (“TCPA”) – the company that operates the Tampa Bay Buccaneers was sued again for allegedly sending unsolicited “fax blasts” to market tickets to their football games. The class action complaint was…

On November 20, 2013, the newly formed Consumer Financial Protection Bureau (“CFPB”) announced that it had fined payday lender Cash America International (“Cash America”) $5 million and entered into a consent order that compels Cash America pay an additional $14 million in refunds for overcharging customers (including military service members) and robo-signing documents in debt-collection…

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Wise Media, LLC, and its officers individually, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  For those that are unfamiliar with the term, “cramming” is the act of placing unauthorized charges on…

After over a year of litigation against fourteen businesses and seventeen individuals, the Federal Trade Commission (“FTC”) recently entered into a settlement with one of the individual defendants in an alleged tech support scheme that targeted consumers with fake malware scams. According to the FTC, the alleged scheme involved telemarketers contacting consumers by phone, pretending…

Currently there are several Online Poker bills pending before the United States Congress.  There is the bill introduced by Rep. Peter King (R-NY), which is limited to legalizing online poker and contains provisions allowing greater participation from state lotteries.  Another pending bill, sponsored by Rep. Joe Barton (R-TX), also only authorizes online poker, and not…

On November 6, 2013, the Attorney General for the State of Texas filed a lawsuit in Texas state court against five mobile content providers and an aggregator, alleging mobile telephone “cramming” by the defendants.   The action is yet another example of state and federal regulatory agencies pushing to rein in the advertising practices of mobile…

Previously we informed our readers that California’s new Internet data privacy law, effective January 1st, 2014, requires operators of commercial websites or online services that collect personally identifiable information (“PII”) from California consumers to conspicuously post their privacy policies on their respective websites.  Now, the federal District Court for the Eastern District of California has ruled that consumers’ e-mail…

As we previously have reported, Lawrence DiCristina has been in the spotlight for some time now, and he may continue to be if the United States Supreme Court believes that his case is of significant import.  He’s the man who was prosecuted by the U.S. Department of Justice for operating an illegal gambling business out…

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