May 2014

Text Message Marketer Found in Civil Contempt of Court Order

In 2011, the Federal Trade Commission (“FTC”) filed a complaint against text message marketer Phil Flora alleging that he had sent millions of deceptive text messages to consumers in violation of the FTC Act.  The FTC’s complaint alleged that Mr. Flora used a network of affiliate marketers to deliver unsolicited text messages advertising deceptive mortgage […]

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Prescription for Another TCPA Class Action: Rite Aid Sued for Allegedly Sending Unsolicited Text Messages

#94616354 / gettyimages.com Rite Aid Corporation (“Rite Aid”) was recently sued in the United States District Court for the Southern District of California for allegedly sending unsolicited commercial text messages in violation of the Telephone Consumer Protection Act (the “TCPA”). A Real Pill of a TCPA Class Action Lawsuit The class action complaint alleges that

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FTC Recommends Congress Adopt Sweeping Legislation Aimed at Data Brokers

On May 27, 2014, the Federal Trade Commission (“FTC”) released a report entitled Data Brokers: A Call for Transparency and Accountability (the “Report”).  The Report codified the FTC’s findings after a study initiated in December 2012, involving nine (9) data brokers.  In proposing legislation aimed at data brokers, the FTC segmented the industry into three

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New Jersey and California Internet Poker and Online Gaming News

Recently, six (6) well known New Jersey Internet poker and online gaming affiliate marketers received cease and desist letters from the New Jersey Attorney General’s office requiring that the affiliates “immediately remove any online gaming links that are not authorized under federal law or under the law of any state.”  The New Jersey Internet poker

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Wall Street Journal: Airbnb Hosts Receive a Chill

David O. Klein Comments on NYC Airbnb Investigation Will Airbnb Inc. hosts balk at New York State’s attorney general Eric Schneiderman combing through their records? The room-renting start-up reached an agreement with the state Wednesday to deliver anonymized records of all its New York hosts, and to identify hosts Mr. Schneiderman decides to further investigate. Mr. Schneiderman

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Record Do-Not-Call Settlement

In a record Federal Communications Commission (“FCC”) Do-Not-Call violation settlement announced on May 19, 2014, Sprint Corporation (“Sprint”) agreed to pay $7.5 Million to resolve an FCC investigation into its wireless division’s failure to honor consumer requests to opt-out of the receipt of future telephone and text message marketing.  This settlement follows an earlier 2011

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FCC Finds Robocalling Service Provider Liable for TCPA Violations

On May 7, 2014, the Federal Communications Commission (“FCC”) issued a notice of apparent liability ruling which held that a robocalling service provider may be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) related to prior written consent, even if the robocalling service was merely providing transmission facilities that enabled its third

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Supplement Purveyors Sued for Deceptive Weight Loss Claims on Fake News Sites

In its continuing effort to remove deceptive weight loss advertising from the Internet, on May 14, 2014, the Federal Trade Commission (FTC) brought suit in Federal District Court in Florida against various companies and their respective principals for violating Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices in or affecting commerce.  Specifically,

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