On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act (“TCPA”).  Since the Federal Communications Commission’s (“FCC”) declaratory ruling in the Dish Network matter (See FCC Issues New TCPA Ruling on Telemarketing Liability), which held that…

The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The…

What is Canada’s Anti-Spam Legislation (“CASL”)? CASL was passed into law on December 15, 2010, over vigorous objection by various business interests, and became effective on July 1, 2014.  CASL can best be understood as a draconian, Canadian hybrid of the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the…

Despite the fact that Canada’s Anti-Spam Law (“CASL”) was enacted almost three (3) years ago, its implementing regulations just went into effect on July 1, 2014. CASL Generally In comparison to the CAN-SPAM Act, CASL is a much more restrictive law, encompassing a wider variety of communications.  While the CAN-SPAM Act only targets communications sent via…

On July 1, 2014, the Federal Trade Commission (“FTC”) commenced an action against T-Mobile USA, Inc. (“T-Mobile”) for unlawfully “cramming” third-party content provider charges on consumer telephone bills.  In a press release issued by the FTC on Tuesday, the FTC noted that the filing of this lawsuit is consistent with its ongoing “significant efforts to…

On June 30, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing that it had entered into a settlement with cosmetic manufacturer L’Oreal USA (“L’Oreal”).  Following an investigation and prior to entering into the settlement, the FTC was prepared to file a complaint alleging that L’Oreal had deceptively advertised that certain of its…

As we previously have reported, all providers of telecommunications services (regardless of whether they are domestic or international carriers) that provide international outbound services to the general public from the United States to any foreign destination must obtain an International Section 214 license from the Federal Communications Commission (“FCC”) before offering or providing such services. Whether…

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