This blog has been closely following the development of fantasy sports legislation in a number of states, including Iowa and New Jersey.  As many of our readers are aware, the federal Unlawful ­Internet Gambling Enforcement Act (UIGEA), which has caused uncertainty for those in the online poker industry, has an exemption for fantasy sports.  Congress…

We have previously focused on several legal aspects of online fantasy sports, ranging from fantasy sports insurance to the legality of daily fantasy sports tournaments.  We have also written extensively on the efforts of several states to legalize fantasy sports within their borders and how to avoid regulatory penalties associated with fantasy sports.  A new…

The Federal Trade Commission (“FTC”) was awarded a significant victory against payday lender AMG Services, Inc. (“AMG”) on March 7, 2014, when the United States District Court for the District of Nevada ruled that the FTC has authority under the FTC Act to regulate Indian tribes and their associated organizations.  As a reminder to readers…

As we previously reported, the online merchant Overstock.com, Inc.  (“Overstock”) was sued several years ago in the Superior Court of the State of California by district attorneys from numerous California counties.  On January 3, 2014, the Court issued a tentative ruling and proposed statement of decision, finding that Overstock made untrue and misleading comparative advertising…

Last year, an Illinois State bill was introduced that would have legalized online poker within the State.  Despite having some early success in the State Senate, the Illinois online poker bill died on the floor of the Illinois House of Representatives following some unfavorable remarks by Illinois Governor, Pat Quinn. Since this time, no other…

Home security and telemarketing company Versatile Marketing Solutions, Inc. (“VMS”) recently entered into a $3.4 million settlement agreement with the Federal Trade Commission (“FTC”) to resolve a complaint filed against it in the United States District Court for the District of Massachusetts alleging violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act.  Pursuant…

The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years.  The October 16, 2013 Amendments and the often liberal interpretation of the TCPA by Courts and the Federal Communications Commission (“FCC”) has further emboldened TCPA class action plaintiffs. What is the TCPA? The TCPA was enacted in…

On February 19, 2014, a judge for the United States District Court for the Northern District of California held that Wellness Support Network, Inc. (“WSN”) had violated Sections 5(a) and 12 of the Federal Trade Commission Act (the “FTC Act”), and awarded the Federal Trade Commission (“FTC”) the full amount of net sales WSN made…

On February 27, 2014, the United States District Court for the Western District of Washington ruled that a plaintiff who provided his mobile telephone number in connection with registering for a local car-sharing service gave “prior express consent” (within the meaning of the Telephone Consumer Protection Act (“TCPA”)) to be contacted via text message by…

Much like the recent actions taken by the New York Attorney General, the Federal Trade Commission (“FTC”) has been cracking down on fake online review practices.  According to the FTC’s Product Endorsement and Testimonial Guidelines, it is a violation of the FTC Act where advertisers use testimonials if they are not accompanied by generalized information…

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