Amidst New York City, Chicago and Los Angeles implementing citywide indoor bans on e-cigs, the Food and Drug Administration (FDA) released its proposed e-cig regulations last week, more than a year after their originally scheduled release date.  In this post, we will provide a broad summary of the much-anticipated e-cig regulations. New E-Cig Regulations Currently,…

  The United States District Court for the District of Maryland recently refused to dismiss a putative Telephone Consumer Protection Act (“TCPA”) class action filed against Burger King Corp. (“Burger King”), for allegedly sending thousands of unauthorized facsimile messages advertising its food delivery services. Plaintiff, a realty corporation, argued that Burger King had violated the…

What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991.  On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect.  The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing…

Earlier this month, the Director of the Federal Trade Commission’s Bureau of Consumer Protection (“FTC”) sent a joint letter to Facebook, Inc. (“Facebook””) and WhatsApp Inc. (“WhatsApp”) in anticipation of Facebook’s acquisition of WhatsApp, an instant messaging service with hundreds of millions of users worldwide.  While hailing WhatsApp’s Privacy Policy, the FTC reminded WhatsApp and…

As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes that utilize autodialers or pre-recorded messages.  Of late, the statute has been the basis for several high profile class action lawsuits. Autodialer Defined As previously described on this blog, the Federal Communication Commission (“FCC”) and courts across the country…

Operating an affiliate marketing network can be an effective means of leveraging the marketing capacity of thousands of web venues and marketers without actually incurring the expense of establishing those venues and hiring those marketers, as applicable. Importantly, well drafted affiliate marketing agreements with the affiliates and advertisers participating in your network can also greatly…

The United States District Court for the Western District of Michigan recently denied a motion filed by Caribbean Cruise Lines, Inc. (“Caribbean”) to dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (the “TCPA”) and Michigan law. The Court granted the motion to dismiss for lack of personal jurisdiction filed by…

Many of our readers are aware that several states, including Illinois, Iowa, California and Texas,have previously introduced legislation to legalize some form of Internet gambling within their respective states.  New York also considered legalizing Internet poker within its borders last year, but the bill failed to gain traction in the State Legislature.  Despite the apparent setback, the…

The number of Telephone Consumer Protection Act (TCPA) class action lawsuits has exploded in the past couple of years. The October 16, 2013 amendments to the TCPA regulations and the often liberal interpretation of the statute by Federal District Courts and the Federal Communications Commission (FCC) has further emboldened TCPA class action plaintiffs. There now…

On July 1, 2013, following the Federal Trade Commission’s (FTC) adoption of the final amendments, the updated Children’s Online Privacy Protection (COPPA) Rule went into effect. The amended COPPA rule strengthens privacy protection for minors under 13 years of age in connection with their use of websites and mobile apps.  The amended COPPA Rule also…

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