As part of the increased regulatory focus on the mobile marketing space, the U.S. District Court for the Central District of California issued a temporary restraining order against six (6) companies and their respective principals, effectively halting an alleged mobile phone cramming scheme.  “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill.  In…

Last week, event ticket resale website TicketNetwork, Inc. and two of its marketing partners, Ryadd, Inc. and SecureBoxOffice, LLC (collectively the “Defendants”), settled a lawsuit brought against them by the Federal Trade Commission (“FTC”) and the Connecticut Attorney General’s Office.  Among other things, the Defendants have agreed to pay $1.4 million into a Connecticut fund dedicated…

The United States District Court for the Southern District of New York recently issued default judgments in six separate actions in favor of the Federal Trade Commission (“FTC”) against fourteen corporate defendants and fourteen individual defendants that allegedly operated tech support scams out of India. The judgments follow extensive litigation and earlier settlements with other…

A federal judge for the District of Utah declined to exercise jurisdiction over the principal of a New York company that is being sued for violating the Telephone Consumer Protection Act (“TCPA”).  The lawsuit involves claims by the plaintiff that N&G Capital LLC, M&S Recovery Solutions LLC and their respective principal violated the TCPA and…

As we previously reported, the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), effective on July 1, 2013, that serve to: (i) strengthen online privacy protection for children under 13 years of age; and (ii) ensure that parents are given an increased role in controlling their children’s online…

#121941295 / gettyimages.com Major supplement marketers of the popular 5-Hour Energy drink, Living Essentials, LLC and its parent Innovation Ventures LLC (“Defendants”), have been named in three (3) separate lawsuits brought by the respective Offices of the Attorney General of Oregon, Vermont and Washington.  Among other things, the civil complaints allege that the Defendants are…

On July 11, 2014, the Federal Trade Commission (“FTC”) announced a $3.5 million settlement with TriVita, Inc. (“TriVita”), Ellison Media Company (“EMC”) and their respective principals.  The FTC filed a complaint against the parties on July 10, 2014 in the United States District Court for the District of Arizona.  The FTC alleged that TriVita and…

We previously detailed the passage of an amendment to Nevada’s online poker law that allows Nevada’s governor to reach agreements to create joint player pools with residents of other states.  Since passage of the amendment, Nevada has entered into an interstate online poker compact with Delaware, and it is widely believed that an agreement with New Jersey will soon follow. Despite both…

#142633242 / gettyimages.com The Federal Trade Commission (“FTC”) recently sued Amazon.com (“Amazon”) in the action captioned Federal Trade Commission v. Amazon.com, Inc., Case No. 14-CV-1038 (W.D. Wash.), for an alleged scheme involving deceptive in-application charges. The In-App Charge Scheme According to the Complaint, Amazon offers thousands of apps through its mobile app store, including games…

Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of…

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