In September, 2012, we blogged about the federal district court ruling in United States v. DiCristina.  (See Federal Judge Rules “Texas Hold‘em” is Game of Skill, Not “Gambling” Under Illegal Gambling Business Act).  The case involves a defendant arrested and charged with violating the federal Illegal Gambling Business Act  (“IGBA”) for running a game of…

Nevada and Delaware Interstate Online Poker Compact We previously detailed the passage of an amendment to Nevada’s online poker law that allowed Nevada’s governor to reach agreements to create joint player pools with residents of other states.  Despite having the authority to enter into such interstate online poker compacts for almost one year, no agreement had yet been…

Looking for the Rulebook The rules pertaining to fantasy sports contests that require an entry fee, and that pay out cash prizes, vary by jurisdiction, and the legality of such fantasy sports contests is often determined by various features of the contests themselves. In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act…

A United States District Court for the Central District of California recently ruled that a plaintiff who provided her telephone number to purchase an airline ticket gave “prior express consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) to be contacted by or on behalf of the airline.  The action involved an airline…

Senate Commerce Committee Chairman Jay Rockefeller recently expanded his investigation into the data broker industry, focusing specifically on the compilation and sale of products that identify consumers based on their financial vulnerability or health status. Rockefeller initially launched the investigation in October 2012 to uncover how consumers’ personal information was being collected, shared and used….

On January 3, 2014, the Superior Court of the State of California issued a tentative ruling and proposed statement of decision, finding that the online merchant Overstock.com had made untrue and misleading comparative advertising claims in connection with the pricing of its products.  District attorneys from seven separate California counties initiated the lawsuit against Overstock.com…

Iowa Fantasy Sports Bill Approved by Senate Subcommittee In a previous post, we detailed the developments of Iowa’s newly-proposed fantasy sports bill that is currently assigned to an Iowa State Senate subcommittee for approval.  Unlike the previous incarnation of the fantasy sports bill, which died within a Senate subcommittee,  the current bill was approved by…

The Federal Trade Commission (“FTC”) recently entered into a court-approved settlement agreement with Jason Q. Cruz, individually and doing business as Appidemic, Inc., who was accused of transmitting unsolicited commercial text messages offering consumers free merchandise, including $1,000 gift cards to large retailers and iPads. According to the FTC, none of the merchandise actually was…

In 2008, Bryon Wolf and Roy Eliasson settled deceptive marketing charges filed against them and their company, Suntasisa Marketing, Inc., by the Federal Trade Commission (FTC).  Mr. Wolf and Mr. Eliasson were ordered to pay $11 million dollars for deceptively marketing their products in violation the Federal Trade Commission Act.  As part of the settlement,…

On May 9, 2013, the Federal Communications Commission (“FCC”) issued a declaratory ruling which found that Dish Network, LLC may be held vicariously liable for a third-party marketer’s violations of the Telephone Consumer Protection Act of 1991 (“TCPA”).  Last year we told you that the FCC ruled that sellers “may be held vicariously liable” for the…

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