Rules of the Game: Marketing Through Sweepstakes David O. Klein, Corporate Counsel January 30, 2015    Send Photo by Don Hankins, via Flickr Sweepstakes and promotional contests are excellent ways for businesses to market their respective products and services, particularly when used in combination with Internet and mobile media. Numerous state and federal laws apply…

January 30, 2015 On January 26, 2015, a judge for the Central District of California entered an order preliminarily approving a $2.7 million settlement to resolve a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against USCB, Inc. (“USCB”).  The Order comes after the Court initially rejected the parties’ first settlement agreement.  Following further briefing…

January 30, 2015 This Wednesday, hip hop artist Dwayne Michael Carter, Jr. (better known as Lil Wayne) filed a federal lawsuit in New York City against his label, Cash Money Entertainment, to the tune of over $51 million.  Carter’s music contract suit includes eight causes of action, including breach of contract, conversion, breach of fiduciary…

January 28, 2015 Earlier this week, the Federal Trade Commission (“FTC” or “Commission”) reached a $9 million settlement agreement with Pure Health LLC, Genesis Today, Inc. and Lindsey Duncan, CEO of Genesis Today, concerning the marketing of their dietary supplement products. The parties sell a variety of dietary supplements and food products directly to online…

January 26, 2015 On January 7, 2015, the Florida State Court of Appeals for the Fourth District ruled that Florida citizens only have a “minimal” expectation of privacy in their social media accounts, even if the accounts are set to their maximum privacy settings.  Although the underlying case pertained to a personal injury lawsuit, the…

January 23, 2015 Washington State has particularly restrictive online anti-gambling laws that prohibit games of skill, played for money, that contain even a relatively small element of chance.  As a result, almost all major fantasy sports websites (including FanDuel and DraftKings, the industry leader and runner-up, respectively) block residents from the State of Washington from…

January 22, 2015 In a case brought by the Department of Justice (“DOJ”) on behalf of the Federal Trade Commission back in 2009, the District Court for the Central District of Illinois found Dish Network L.L.C. (“Dish”) liable for tens of millions of calls that violated the Telemarketing Sales Rule (“TSR”). Telemarketing – Proceed with…

January 21, 2015 While many states do not have laws on the books that directly address fantasy sports, Montana is a rare exception.  Montana state law specifically prohibits fantasy sports games played for entry fees (and prizes) over the Internet.  However, that could soon change.  State Representative Forrest Mandeville (R-Columbus) has introduced a bill that…

January 16, 2015 On January 8, 2015, a class action lawsuit was filed in the United States District Court for the Southern District of California, alleging that Sirius XM Holdings, Inc. (“Sirius”) had placed numerous unsolicited telemarketing calls to the plaintiff’s cellular telephone using an automatic telephone dialing system in violation of the Telephone Consumer…

January 15, 2015 Indiana State Representative Alan Morrison (R-Terre Haute) has introduced two bills that address emerging trends in sports gaming, namely: sports betting and fantasy sports. A Two State Tease? The first bill would legalize sports betting when the betting activity is confined to the State’s casinos, racinos and licensed off-track betting venues.   This…

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