June 30, 2015 On June 16, the United States District Court for the Central District of California issued an ex parte temporary restraining order prohibiting certain marketing companies from continuing to offer “risk free trials.” The injunction follows the filing of a complaint by the Federal Trade Commission (“FTC”) against negative option marketers who promoted…

June 29, 2015 Last month, a working group for the Internet Corporation for Assigned Names and Numbers (“ICANN”) issued a report that contemplates whether the owners of certain commercial websites should be forbidden from using WHOIS proxy services to hide their identities. The working group is accepting public comments on the proposal, which has drawn…

June 26, 2015 We had previously written about the reports that the Walt Disney Co. (“Disney”) had entered into talks with DraftKings about an investment opportunity that would provide Disney with an equity position in the fantasy sports company, while valuing DraftKings at around $1 billion.   We would like to update our readers and advise…

June 26, 2015 On June 8, a class action lawsuit was filed in the United States District Court for the Central District of California alleging that Wyndham Vacation Resorts, Inc. (“Wyndham”) violated the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff alleges that Wyndham “placed multiple calls in a single day to Plaintiff’s…

June 25, 2015 Last Monday, the Iowa Attorney General’s Office announced that it has settled its concerns with Florida-based Tactical Marketing Inc. d/b/a Prize Research Agency (PRA) and Prize Finders Network (PFN) (“Tactical Marketing”), as well as the company’s owner and president, Mr. Raymond Jastrzemski. The sweepstakes marketer has been permanently banned from delivering allegedly…

June 24, 2015 This week, industry leader FanDuel announced that it has agreed to exclusive multi-year partnerships with 13 individual National Basketball Association (“NBA”) franchises. This announcement follows FanDuel’s announcement from the fall of 2014 regarding its exclusive 4-year deal with the NBA itself, in which the NBA gained an equity stake in the company,…

June 23, 2015 In its Open Meeting last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) adopted what has been called a “package of declaratory rulings.” The narrowly passed TCPA Declaratory Ruling and Order (FCC 15-72), which has not yet been officially released, will address 21 petitions and other requests for clarity concerning the…

June 22, 2015 Last week, the California State Division of Labor Standards Enforcement (DLSE) issued a ruling classifying a driver for popular car service, Uber, as an employee, rather than an independent contractor. While the ruling is, for now, limited to this specific Uber driver, the DLSE’s holding is indicative of a widespread national trend….

June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides…

June 19, 2015 This Monday, the Assembly Regulatory Oversight Committee for the State of New Jersey (the “Committee”) reported favorably on Bill A4143, which would permit holders of certain alcoholic beverage licenses to also receive amusement game licenses. If enacted, the legislation will replace a provision of the Amusement Games Licensing Law (N.J.A.C.13:3-1.7) that currently…

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