March 2015

Direct Marketer Pays $8 Million for Alleged Deceptive Practices, TSR Violations

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March 10, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced its $7.5 million settlement with Allstar Marketing Group, LLC following allegations of Telemarketing Sales Rule (“TSR”) violations and unfair or deceptive business practices.  The FTC’s investigation was conducted in conjunction with the New York State Office of the Attorney General, which […]

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Feds Crack Down on Major Telemarketing and Robocalling Campaign

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March 9, 2015 The Federal Trade Commission (“FTC”) and 10 state attorneys general have charged Caribbean Cruise Line, Inc. (“CCL”) and seven of its telemarketing partners with violating the federal Telemarketing Sales Rule.  The suit alleges that CCL and its telemarketing partners made billions of robocalls from October 2011 through July 2012, aimed at skirting

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Major League Baseball Commissioner Goes to Bat for Legalized Sports Betting

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March 6, 2015 Sports betting is currently illegal in every state except Nevada (and, in some limited form, Delaware, Oregon and Montana).  While some states including, recently, New Jersey, have attempted to legalize sports betting within their respective borders, federal courts have consistently overturned such legislation as being in violation of the 1992 federal Professional

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Facebook Sued for Alleged TCPA Text Messaging Violations

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March 5, 2015 This Tuesday, Mr. Noah Duguid filed a class action lawsuit in California federal court against Facebook for allegedly sending automated text messages to mobile phone users without their prior express consent in violation of the Telephone Consumer Protection Act (“TCPA”). Mr. Duguid’s claim was initially brought in federal court in New York

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Life Time Fitness to Pay up to $15 Million to Settle TCPA Class Action

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March 5, 2015 On February 25, 2015, the parties to a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed a proposed settlement agreement which may require health club operator Life Time Fitness (“LTF”) to pay up to $15 million in damages.  The settlement comes just 3 months after the plaintiffs’ class action lawsuit was

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FTC Bans Companies from Future Telemarketing

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March 4, 2015 The Federal Trade Commission (“FTC”) has settled a complaint that it filed in June 2014 against several companies that, through unscrupulous telemarketing practices, allegedly swindled Spanish-speaking consumers across the country by sending unordered or defective products, including phony weight-loss belts, and subsequently making it difficult, impossible or extremely costly for the consumers

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FTC Sues Debt Relief Business for False Advertising

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March 2, 2015 On February 18, 2015, the Federal Trade Commission (“FTC”) filed a complaint against Payday Support Center LLC and related entities (“PSC”), alleging that the debt relief companies have made untrue claims related to the services they offer.  PSC ran advertisements on the Internet, radio, television and in print, promising consumers that its

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