Last week, the United States Court of Appeals for the Second Circuit affirmed the Eastern District of New York’s decision dismissing an action brought against T-Mobile under the Telephone Consumer Protection Act (“TCPA”) due to a binding arbitration clause contained in the parties’ contract. To Arbitrate or Not? That is the Question. The plaintiff, Teddy…

As we have previously discussed, the Federal Trade Commission’s (“FTC”) amendments to the Children’s Online Privacy Protection Act (“COPPA”) have recently gone into effect.  The purpose of the amendments was to strengthen COPPA’s protection of online and mobile privacy for children under the age of 13.  On December 18, 2013, the Center for Digital Democracy…

If it was not clear before, the Federal Trade Commission (FTC) provided further evidence to Congress yesterday of how seriously it takes violations of the Fair Credit Reporting Act (FCRA). We’ve previously written about the warnings letters that the FTC mailed to data brokers earlier this year and the FTC’s decision to begin focusing on the…

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) filed a complaint against several mobile marketing companies, including Tatto, Inc. and its principals, in a California federal court, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  “Cramming” is the act of placing…

Tatto, Inc. d/b/a WinBigBidLow and Tatto Media Bullroarer, Inc. d/b/a Bullroarer Corporation Pty. Ltd. Shaboom Media, LLC d/b/a Tatto Media Bune, LLC Mobile Media PRoducts, LLC Chairman Ventures, LLC Galactic Media, LLC Virtus Media, LLC Lin Miao Andrew Bachman

Many of our readers are generally aware of the restrictions placed on telemarketing calls by the Telephone Consumer Protection Act (“TCPA”).  Specifically, the TCPA prohibits marketing phone calls and texts that are made using automated dialing equipment or that contain artificial voices and/or pre-recorded messages.  Some readers may also be aware of the fact that…

A recent decision by the United States Court of Appeals for the Seventh Circuit will likely have an impact on the entire telemarketing industry.  The Court of Appeals reversed the ruling of an Indiana federal court relating to the potential liability of a company making non-commercial autodialed calls that complied with the Telephone Consumer Protection…

Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the…

Any business or other entity that operates a website should take the time to draft a set of terms and conditions (“Terms and Conditions”) that will govern the relationship between end-users and the subject website operator in connection with the website and its various offerings. Website Terms and Conditions are essential in, among other things,…

As we previously blogged and in light of of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo has increased enforcement efforts against payday lenders and recently widened the net of potential defendants to include marketers of payday…

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