July 31, 2015 A Federal District Court Judge in the Central District of California this week threw out a lawsuit against Herbalife, Ltd. (“Herbalife”), which alleged that Herbalife had violated federal securities laws by misrepresenting various aspects of its business operations. This is the second amended complaint that has been dismissed by the Judge in…

July 31, 2015 News broke this week of a Federal Trade Commission (“FTC”) investigation into the University of Phoenix (“UP”). The FTC served a civil investigative demand (“CID”) on UP, in connection with evaluating whether the university has engaged in deceptive marketing tactics. Neither UP nor its parent company, Apollo Education Group, released a statement,…

July 30, 2015 This May, the Federal Trade Commission (the “FTC” or “Commission”) answered a number of Frequently Asked Questions concerning the FTC’s Endorsement Guides. The Commission’s updated FAQ addresses one such question about hashtags used by sponsors as part of a social media sweepstakes or contest. Which hashtags should marketers avoid?

July 28, 2015 On Friday, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin against the Travel Channel, L.L.C. and its parent companies Scripps Networks, LLC and Scripps Networks Interactive, Inc. (collectively the “Travel Channel”), alleging that the Travel Channel sent unsolicited fax advertisements in violation…

July 27, 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). In its response to one such petition filed by the Retail Industry…

July 24, 2015 For the last two decades, the Professional and Amateur Sports Protection Act (“PASPA”) has made it illegal to wager on sports in the United States, with the exception of a few states that had legalized casino gambling at the time that the law was passed. Historically, sports betting has been recognized as…

July 23, 2015 On Monday, a class action lawsuit was filed in the United States District Court for the Southern District of New York against Advance Magazine Publishers, Inc., d/b/a Conde Nast (“Conde Nast”), alleging that the magazine publisher sells the personally identifiable information (“PII”) of its customers to third-party “data miners” in violation of…

July 22, 2015 Last week, a U.S. District Court Judge for the Northern District of California dismissed a lawsuit against Google, Inc. (“Google”) alleging that the technology giant violated the terms of its own privacy policy by disclosing Android device users’ names, e-mail addresses and locations to third parties without the users’ permission. What was…

July 21, 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). While addressing three such petitions from mobile application (“app”) providers YouMail, Inc. (“YouMail”), Glide…

July 20. 2015 On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications under the Telephone Consumer Protection Act (the “TCPA”). In the landmark ruling, the FCC doubled down on its expansive and controversial…

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