As we previously reported, a merchant may be vicariously liable under the Telephone Consumer Protection Act (“TCPA”) if a plaintiff can demonstrate that the third party telemarketer or text message transmitter had “apparent authority” from the merchant to make the subject call or send the subject text message.  Recently, the United States Court of Appeals…

As part of its “Operation Full Disclosure,” the Federal Trade Commission (“FTC”) recently issued over sixty “warning” letters to companies involved in national television and print advertising, including twenty of the 100 largest advertisers in the country, for allegedly failing to make adequate disclosures in their ads. Operation Full Disclosure The FTC scrutinized a number of…

#56437948 / gettyimages.com In what many industry insiders are declaring “historic,” on September 22, 2014, the United States District Court for the Central District of California ruled that Sirius XM Radio, Inc. (“Sirius”) is liable to Flo & Eddie Inc. (“F&E”) for publicly performing 15 separate pre-1972 sound recordings owned by F&E.  The ruling is…

#136888792 / gettyimages.com Over the past few years, a new type of celebrity has emerged: the social media star.  These are individuals that have achieved a level of fame through various digital media outlets (i.e. YouTube, Instagram, Vine, Facebook, Twitter, personal blogs, etc.).  Social media stardom is a relatively new phenomenon that is quickly starting…

Yelp Inc. (“Yelp”) and TinyCo, Inc. (“TinyCo”) recently settled charges filed against them for alleged violations of the Children’s Online Privacy Protection Rule (COPPA) and the Federal Trade Commission (“FTC”) Act.  The FTC alleged that both companies failed to obtain verifiable parental consent before collecting, using or disclosing personal information about children under the age…

#114266316 / gettyimages.com On July 17, 2014, the Federal Communications Commission (“FCC”) released its much anticipated Software Defined Radio Application Guide (the “Guide”).  Since 2005, as software defined radios (“SDRs”) began to increase in popularity, the FCC has only provided partial guidance on the SDR approval process.  However, with the release of the Guide, radio…

A debt collection company recently entered into a settlement agreement in the putative class action captioned Jonsson v. USCB, Inc. (C.D. Cal.)(Case No. 13-CV-8166), involving allegations that it violated the Telephone Consumer Protection Act (“TCPA”) and the Fair Debt Collection Practices Act by calling the named plaintiff and thousands of class members using an autodialer…

Bank of America Corporation (“Bank of America”) and FIA Card Service, N.A. (“FIA”) (collectively, the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in recent memory.  According to the settlement agreement, the Defendants have agreed to pay over $32 million to settle a consolidated TCPA class action.  The…

President Andrew Jackson has been famously rumored to have responded to a Supreme Court decision denying his use of executive power, “John Marshal has made his judgment, now let him enforce it.”  Governor Chris Christie of New Jersey seems to have adopted this approach, acting to circumvent a 1992 federal law by deregulating sports betting…

Daily Fantasy Sports Games As discussed numerous times on this site, the legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, varies by state.  Pay-to-play contests that offer prizes to winners can be considered illegal gambling under certain circumstances, depending on the jurisdiction. There is currently an exemption…

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