October 17, 2014 Earlier this week, the American Bankers Association (“ABA”) filed a Petition for Exemption with the Federal Communications Commission (“FCC”) requesting that financial institutions be permitted to transmit certain automated text and voice message calls to consumer’s mobile telephones without obtaining prior express written consent to do so. The American Bankers Association Consumer…

Banks are beginning to harvest customers’ voice biometrics, but is it legal? October 15, 2014 Watch the latest video at video.foxnews.com Source: Fox and Friends

October 14, 2014 As we have detailed countless times on this blog, the Telephone Consumer Protection Act (“TCPA”), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages ranging from $500.00 to $1,500.00 for each unsolicited fax, pre-recorded telephone call and/or autodialed telephone call sent/placed by telemarketers.  While the penalty provisions of the…

October 12, 2014 In this Wednesday, Dec. 19, 2012, file photo, a man walks past a Wells Fargo branch in Philadelphia. Wells Fargo and Chase, two of America’s biggest retail banks, are quietly taking some callers’ voiceprints to fight fraud, an Associated Press investigation has found. (AP Photo/Matt Rourke)       LONDON (AP) —…

October 13, 2014 On October 9, 2014, the Federal Trade Commission (“FTC”) announced that WordSmart Corporation (“WordSmart”), the popular retailer of children’s educational products, agreed to an $18 million+ settlement for allegedly engaging in deceptive advertising in violation of the FTC Act.  Specifically, the FTC alleged that WordSmart misrepresented the benefits of its products to…

October 10, 2014 Earlier this week, AT&T Mobility, LLC (“AT&T) entered into a Stipulated Order for Permanent Injunction and Monetary Judgment with the Federal Trade Commission (“FTC”) relating to allegations of mobile “cramming,” the unlawful practice of placing unauthorized third-party charges on mobile telephone bills. $105 Million Mobile Cramming Settlement As part of the settlement,…

Mail or Telephone Order Merchandise Rule The Federal Trade Commission (“FTC”) recently issued final amendments to the Mail or Telephone Order Merchandise Rule, which will now be known as the “Mail, Internet, or Telephone Order Merchandise Rule.” The FTC Amends the Mail or Telephone Order Merchandise Rule The FTC proposed the instant amendments to the…

In an earlier blog post, we addressed some of the legal issues facing social media stars, such as paid endorsement disclosures and trademark infringement.  In addition to legal issues, there are also assorted practical business decisions that social media personalities must address in order to be successful.   One of the most basic skills that every…

Sweepstakes Rules Are Sacrosanct   While promotional contests and sweepstakes are an increasingly popular marketing method, many prospective sweepstakes operators may not fully understand the importance of the rules governing the applicable contests.   Unlike other marketing means, like banner ad or print advertising campaigns, the sweepstakes model is not conducive to mid-campaign adjustment or…

On September 30, 2014, AT&T Mobility filed a proposed settlement agreement in a Montana federal court which will likely end a class-action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”).  According to the proposed settlement agreement, AT&T Mobility will pay a whopping $45 million into a settlement fund, which will be used to pay…

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