November 26, 2014 A frequent topic of our blog posts has been the benefits associated with the use of promotional contests and sweepstakes as exciting vehicles for marketing your business.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers…

November 25, 2014 Who Is The Attorney General Watching? Due to rapidly developing technologies and constantly evolving marketing practices, businesses working in the Internet marketing space are frequently the subject of Attorney General inquiries and lawsuits.  This is true whether your business provides marketing services or utilizes third party marketers to sell your products or…

November 24, 2014 Last month, the United States District Court for the Southern District of California 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 promotional text messages.  On Wednesday, the named plaintiff filed a…

October 2014 On August 8th, 2014, California Federal District Court Judge Claudia Wilken handed down her decision in Ed O’Bannon’s antitrust case against the National Collegiate Athletic Association (“NCAA”).  Mr. O’Bannon is a former UCLA men’s basketball star and NCAA National Championship Most Valuable Player that played two seasons in the NBA before finishing his…

November 21, 2014 Earlier this week, the Federal Trade Commission (“FTC”) announced that three companies agreed to pay more than $22 million in consumer refunds for allegedly violating the Restore Online Shoppers’ Confidence Act (“ROSCA”). The ROSCA settlement is one of the largest in FTC history. ROSCA  Generally ROSCA was enacted in January 2011 to…

November 20, 2014 Daily Fantasy Sports Games: The NBA Tips Off Just last week, the National Hockey League (NHL) announced that it was joining Major League Baseball (MLB) in striking up a partnership with the daily fantasy sports industry’s second largest site, DraftKings, to offer an officially sponsored NHL daily fantasy sports contest.  Fresh on…

November 20, 2014 In June of 2011, a class action lawsuit was filed against Interline Brands Inc. (“Interline”) alleging that the company failed to comply with the mandates of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint claimed that Interline sent fax advertisements to consumers without: 1) obtaining their proper express written consent; or…

November 19, 2014 #56437948 / gettyimages.com After suffering a loss in California federal court, Sirius XM Radio, Inc. (“Sirius”) has now lost a summary judgment ruling in the United State District Court for the Southern District of New York and may soon find itself liable to Flo & Eddie Inc. (“F&E”) under New York common…

November 17, 2014 On November 13, 2014, the United States District Court for the Middle District of Florida approved and entered a permanent injunction and settlement between the Federal Trade Commission (“FTC”) and the Florida Attorney General (the “AG”), on the one hand, and Woldwide Info Services, Inc. (“Worldwide”), on the other.  The settlement effectively…

November 14, 2014 As many of our readers are aware, sports betting is currently illegal in every state, except Nevada, and Delaware to a limited degree.  Despite numerous attempts to legalize sports betting outside these states, federal courts have uniformly rejected such legislation as being in direct conflict with the 1992 federal Professional and Amateur…

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