October 31, 2014 On October 29, 2014, the California Court of Appeal for the Second Appellate District released its long-anticipated decision in Rosolowski v. Guthy-Renker LLC, in which it clarified California’s anti-spam law, codified in California Business & Professions Code Section 17529.5.  Simultaneously, it issued an almost identical unpublished decision in an action involving the…

October 30, 2014 The Rise of Fantasy Sports Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been…

October 30, 2014 Over the last several years, online dating sites have surged in popularity, with many servicing a staggeringly large numbers of users.  In order to separate from the crowd in this competitive marketplace, some players may have gone too far with aggressive marketing and billing practices.  According to the Federal Trade Commission (“FTC”),…

October 29, 2014 The United States District Court for the Southern District of California recently dismissed a putative class action filed against Crunch San Diego, LLC (“Crunch”) under the Telephone Consumer Protection Act (“TCPA”), ruling that Crunch did not use an autodialer to send text messages to the named plaintiff. The TCPA Putative Class Action…

October 28, 2014 Daily Fantasy Basketball Games Set to Return The NBA season gets underway this evening and, with it, a flurry of fantasy basketball tournaments are poised to commence.  Against this backdrop, this blog piece will examine one aspect of the evolving state and federal legal framework governing pay-to-play fantasy contests that offer prizes…

October 24, 2014 The Consumer Financial Protection Bureau recently finalized a rule that is expected to result in more effective privacy disclosures from financial institutions to their customers. The rule will go into effect immediately once it is published in the Federal Register. The New Rule: Banks’ Privacy Disclosures to Consumers The new rule is…

October 23, 2014 On October 17, 2014, New Jersey Senate Bill No. 2460, which partially repeals New Jersey’s ban on sports gambling, was signed into law by Governor Chris Christie.  In his signing statement, Governor Christie explains that “[t]his bill closely adheres to controlling federal law, fully responds to the issues raised by federal courts,…

October 23, 2014 On October 22, 2014, the Federal Trade Commission (“FTC”) announced that it had settled a long-standing case against a group of defendants that allegedly engaged in text message, robocall and cramming schemes involving offers for “free” merchandise.  The combined settlement amount comes to approximately $10 million and will be enforced against a…

October 22, 2014 The Restore Online Shoppers’ Confidence Act (“ROSCA”) was enacted in January 2011 to prohibit online retailers from charging consumers’ financial accounts unless they have clearly disclosed all material terms associated with their subject products or services and obtained consumers’ express informed consent to bill for those products or services.  ROSCA mandates that…

October 21, 2014 On September 3, 2014, the United States District Court for the District of Connecticut held that Lavatec Laundry Technology GmbH owns the exclusive rights in and to the trademark “LAVATEC” in the United States.  The holding followed a week-long trial and over four years of litigation. The Facts of the Trademark Infringement…

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