Sweepstakes Are an Effective Marketing Tool  Promotional contests and sweepstakes are an increasingly popular marketing tool – and for good reason.  They provide a cost-effective way to generate publicity and notoriety for a brand or product line.  Since most sweepstakes games include both the elements of chance and the awarding of a prize, it is…

A New Jersey State law that would legalize sports gambling in Atlantic City casinos suffered its final blow yesterday when the United States Supreme Court declined to hear New Jersey’s appeal from the Third Circuit Court of Appeals, which had affirmed a lower court ruling that found the law to be illegal. Previous Decision In…

Following the lead of Delaware, New Jersey, Nevada, Illinois, New York, California, Massachusetts and several other states, the Pennsylvania Senators Edwin Erickson and Bob Mensch have introduced Senate Bill 1386, which would effectively legalize online gambling within the Commonwealth’s borders.  This most recent Pennsylvania online gaming bill comes on the heels of last year’s failed House Bill 1235. Pennsylvania Online Gaming Bill…

On June 18, 2014, the United States District Court for the Eastern District of Texas entered a Stipulated Order for Permanent Injunction and Civil Penalty Judgment (the “Order”) against RMCN Credit Services, Inc. and its two principals (“RMCN”) and in favor of the United States.  On October 12, 2011, the United States filed an action…

On June 9, 2014, the United States District Court for the Southern District of Texas entered a Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief (the “Order”) against Advert Marketing, Inc. and its three principals (“Advert”) and in favor of the Federal Trade Commission (“FTC”).  On March 6, 2013, the FTC…

June 19, 2014 – Published in Reputation Communications In our digital age of blog posts, social media and “going viral” on the Internet, what can one do when a comment is posted online about an individual – or that individual’s company – which is completely false? What happens when the post is anonymous or has a fictitious…

The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years.  The October 16, 2013, regulation amendments and the 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…

  Will Your Marketing Campaign Be the Target of a Class Action Lawsuit or Regulatory Investigation for Failing to Comply with Canada’s Anti-Spam Legislation?   What is Canada’s Anti-Spam Legislation (“CASL”)? CASL[1] was passed into law on December 15, 2010, and is widely regarded as the strictest anti-spam legislation in the world. The Canadian Radio-Television…

As a result of the increased regulatory focus on the mobile marketing space, another group of mobile marketing companies has settled a lawsuit brought against them, and their principal individually, by the Federal Trade Commission (FTC).  The FTC complaint alleged that Tatto, Inc.; Shaboom Media, LLC; Bune, LLC; Mobile Media Products, LLC; Chairman Ventures, LLC; Galactic Media,…

So you think you know the Telephone Consumer Protection Act (“TCPA”) inside and out – and you have put all of the pieces in place to comply with its regulations.  You ensure that you – and any company working on your behalf – have prior express written consent before placing marketing calls to consumers’ landline…

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