The first Affordable Care Act-related action has been filed by the Federal Trade Commission (“FTC”) against an email marketer and its owner for allegedly violating the CAN-SPAM Act and FTC Act for sending unsolicited commercial email messages to consumers. The Complaint was filed in Florida federal court and alleges that the purpose of the email…

In March of 2013, we wrote about Iowa’s attempt to pass legislation that would legalize and regulate fantasy sports gambling within its borders.  Despite gaining early traction in the legislative subcommittees to which it was assigned, the proposed Iowa fantasy sports bill died before it could reach the House floor for a vote.  However, a…

In April, 2013, we distinguished the difference between multilevel marketing (“MLM”) and a pyramid scheme.  (See Multi-Level Marketing Programs Vs. Pyramid Schemes).  Two days ago, United States Senator Edward J. Markey of Massachusetts sent separate letters to the Federal Trade Commission (“FTC”) and the United States Securities and Exchange Commission (“SEC”) urging them to investigate…

As many of our readers already know, California’s new data privacy law went into effect earlier this month on January 1, 2014.  The law places strict requirements on operators of websites and other online services that collect certain information about California residents.  In addition to addressing other aspects of collecting personally identifiable information (“PII”) from…

Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service.  Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. However, when designing a sweepstakes, it is important to be mindful of the…

Hot on the heels of a win in California federal court, the San Francisco City Attorney has teamed up with the New York State Attorney General in its investigation of Monster Beverage Corporation (“Monster”) for deceptive marketing and sales practices targeting children and adolescents. While in the midst of settlement negotiations with the San Francisco…

Three weeks ago, we blogged concerning the increased scrutiny that the Federal Trade Commission (“FTC”) has directed towards mobile application (“apps”) providers who market to children.  (See New COPPA Complaints Filed)  Yesterday the FTC announced a multi-million dollar settlement with Apple, Inc. relating to Apple’s alleged failure to secure parental approval prior to allowing children…

Closing in on his third month as Federal Communications Commission (“FCC”) Chairman, Tom Wheeler made clear in a blog post on the FCC website that one of his main priorities is to ensure that telecommunications service providers supply their customers with the most up-to-date emergency service technologies. 911 Text Requirements While the FCC chairman spoke…

By now, most of our readers are aware that the Telephone Consumer Protection Act (“TCPA”) places strict restrictions upon those who place telemarketing calls and send text messages.  However, it is important to also be aware of the fact that under the TCPA, the Federal Communications Commission (“FCC”) is empowered to regulate marketing material that is…

Earlier this week, we advised of impending federal action in the health supplement marketing space.  (Marketers of Weight-Loss Products Targeted by FTC).  Yesterday, the Federal Trade Commission (“FTC”) announced settlements with six separate health supplement providers concerning allegedly deceptive marketing practices.  The combined settlements value over $83.7 million, with one settlement requiring the wife of…

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