September 2014

New Jersey to Allow Sports Gambling

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 […]

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Legal Challenges to Daily Fantasy Sports Games Disappearing

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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FCC Declares Overly-Broad Absolute Liability for Unsolicited Faxes under the TCPA?

In response to an invitation from the United States Court of Appeals for the Eleventh Circuit concerning a question involving the interpretation of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) filed a letter brief in Court on July 17, 2014, declaring that “under the plain text of [the Code of Federal

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Accessing the National Do Not Call Registry: Telemarketer Fees Increase as of October 1, 2014

The Telemarketing Sales Rule (“TSR”), as amended, prohibits calls to consumers who have placed their phone numbers on the National Do Not Call Registry.  Since January 1, 2005, telemarketers, sellers and service providers, as those terms are defined by the TSR, are required to search the Registry at least once every thirty one (31) days

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