December 24, 2014 On December 19, 2014, a class action lawsuit was filed in the United States District Court for the Middle District of Florida, alleging that CVS Pharmacy, Inc. (“CVS”) has been sending consumers unsolicited text messages in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action lawsuit seeks an unspecified…

December 23, 2014 On December 19, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing a settlement with T-Mobile USA, Inc. (“T-Mobile”) concerning alleged practices of illegal cramming.  Among other provisions, the terms of the settlement require that T-Mobile issue full refunds to those of its customers who were charged for third-party services…

December 22, 2014 On December 17, 2014, the Consumer Financial Protection Bureau (“CFPB”) filed a lawsuit against Sprint Corporation (“Sprint”) alleging that Sprint illegally crammed third-party charges on its customers’ cellular telephone bills.  The lawsuit, filed in the United States District Court for the Southern District of New York, marks the first brought by the…

December 19, 2014 Perhaps the most common form of litigation in the Internet marketing space is the endless stream of lawsuits between Internet advertisers and publishers.  These cases not only damage goodwill between the respective entities, but they can also be quite costly – both in terms of attorney’s fees and opportunity costs when time…

December 18, 2014 We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  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 participating in their respective contests. While companies must abide by…

December 17, 2014 On December 11, 2014, the Federal Trade Commission (“FTC”) announced a settlement with HCG Platinum, LLC and its related health supplement providers (collectively, “HCG”) concerning allegedly false advertising practices.  The settlement is valued at roughly $10 million.  The FTC alleged that HCG made claims concerning products that it sold which were either…

  December 16, 2014 The United States District Court for the Southern District of California recently granted preliminary approval of a nationwide class action settlement arising under the Telephone Consumer Protection Act (“TCPA”) in an action against insurance company Kaiser Foundation Health Plan, Inc. a/k/a Kaiser Permanente. Multi-Million Dollar TCPA Class Action Settlement In the…

December 15, 2014 Deceptive Marketing Claims Associated with Sensa In January of 2014, Sensa Products, LLC, its parent company, Sensa, Inc., and certain of its principals (collectively, “Sensa”), entered into a settlement with the Federal Trade Commission (“FTC”) concerning what the FTC alleged were deceptive marketing practices and improper endorsements associated with Sensa’s food additive…

December 12, 2014 To end an unfair business practices investigation being conducted by 45 separate state attorneys general, Sirius XM Radio (“Sirius”) will pay a whopping $3.8 million into a settlement pool to be divided among the states.  The attorneys general released various announcements of the deal, including that of the Attorney General of the…

December 8, 2014 The United States District Court for the District of Oregon recently denied a motion to dismiss a putative nationwide class action brought against Shell Oil for alleged breach of contract, false advertising and an array of state consumer protection allegations. In the action captioned Kearney v. Equilon Enterprises, LLC d/b/a Shell Oil…

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