April 2015

FTC Targets Sweepstakes Scam . . . That Targets the FTC?

April 30, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) denounced an alleged sweepstakes scam that struck a little too close to home. According to the Commission, the audacious scammer is mailing information to consumers about an FTC investigation that never took place and offering to help collect millions in sweepstakes prize […]

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Kansas Attorney General Issues Fantasy Sports Opinion

April 28, 2015 Last week we wrote about the Kansas Attorney General’s intention of issuing an opinion regarding the constitutionality of fantasy sports in Kansas. The legal opinion was requested by a State Representative who opposes a proposal currently before the State Legislature that will define fantasy sports leagues as a game of skill. The

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Multiple US States Push to Join Fantasy Sports Upsurge

Daily fantasy sports contests are a hit in the US, but in some states fantasy sports offerings fall foul of intrastate gambling and lottery regulations. This situation appears set to change however, as states including Iowa and Montana have introduced bills to legalise fantasy sports contests. David O. Klein and Jonathan E. Turco of Klein

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Mobile Tracking Service Provider Settles Privacy Policy Violation Claims

April 27, 2015 Nomi Technologies (“Nomi”) provides brick-and-mortar retail outlets with a means to track consumers’ mobile devices as they move in and around their respective stores. This data can be used by retailers to gain insight into certain consumer behavior and associated commercial interactions. Nomi has recently agreed to settle Federal Trade Commission (“FTC”)

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MMA Fighter: Game Developer Used My Likeness Without Permission

April 13, 2015 Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission. Herrig claims that her image served as a model for “Cassie Cage,” a character in the newly released

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Processing Credit Card Payments for Online Gaming and Fantasy Sports

April 22, 2015 Late last week, the nation’s largest credit card companies (American Express, Discover, MasterCard and Visa) began utilizing Merchant Category Codes (MCCs) specifically designated for credit card transactions entered into between consumers and legal online gaming venues – such as those permitted to operate in New Jersey, Nevada and Delaware. These MCCs, or

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David Klein Discusses TWC-Comcast Merger with NPR Marketplace

If Comcast and Time Warner Cable go ahead with their planned merger, they’d control almost 30 percent of all the cable TV subscribers in the U.S., possibly raising fears that they’d own too much of the market. They will reportedly sit down with Justice Department officials this week. So, how do you reassure the regulators that you’re not

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