August 28, 2015 This week, the Federal Trade Commission (“FTC”) obtained a preliminary injunction in the U.S. District Court for the District of Arizona, ceasing the operations of certain businesses and individuals, including multi-level marketer Vemma Nutrition Company (“Vemma”), which the FTC has accused of running an illegal pyramid scheme. How did Vemma’s operations draw…

August 26, 2015 On August 25, 2015, the United States Court of Appeals for the Third Circuit, by a 2-1 decision, affirmed a lower court ruling that held New Jersey’s sports gambling law violates the federal Professional and Amateur Sports Protection Act (“PASPA”). The law, passed by the New Jersey legislature in 2014 (the “2014…

August 24, 2015 This week, the Federal Trade Commission (“FTC”) obtained final judgments against various defendants involved in an elaborate telemarketing operation which the FTC claimed swindled victims out of more than $7 million. The judgments, obtained in the United States District Court for the District of Arizona, imposed monetary sanctions of $7.3 million, as…

August 21, 2015 This Wednesday, the U.S. District Court for the Northern District of California granted summary judgment in favor of defendant Shac, LLC (“Shac”) in a proposed class action under the Telephone Consumer Protection Act (“TCPA”). The court determined that the promotional text messaging system used by Shac involved human intervention and, therefore, was…

August 19, 2015 Last Wednesday, an Italian consortium of Parmigiano-Reggiano cheese producers and traders threatened legal action against the owners of adult video website PornHub. The dispute stems from shoddy trademark clearance work and an adult-oriented commercial featuring the famous cheese’s trademark-protected name. Why is it important to clear advertising materials for third-party brands?

August 17, 2015 Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it had settled its lawsuit against Mr. Avrom Lasarow in connection with a number of allegedly deceptive mobile apps. Mr. Lasarow’s “Mole Detective” apps purported to detect the skin cancer melanoma in moles on users’ skin. What can app providers…

On August 11, 2015, a putative class action lawsuit was filed against CVS Pharmacy, Inc. (“CVS”) in the United States District Court for the Middle District of Louisiana, alleging that the pharmacy violated the Telephone Consumer Protection Act (“TCPA”). The lawsuit also names West Corporation (“West”), the party alleged to have made/sent the subject unlawful…

August 12, 2015 Last week, the United States Court of Appeals for the Fourth Circuit struck down a South Carolina anti-robocall statute. The Circuit Court determined that the South Carolina law unconstitutionally regulated free speech in violation of the First Amendment. What about the South Carolina anti-robocall statute made it unconstitutional?

August 11, 2015 On July 31, Facebook, Inc. (“Facebook”) submitted reply papers to the United States District Court for the Northern District of California, arguing that a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit must be dismissed. Facebook’s reply papers argued that the automatic text message notifications sent by Facebook to its users…

August 10, 2015 In August 2013, Mr. David Frankel initiated a lawsuit against the Federal Trade Commission (the “FTC” or “Commission”) for snubbing his submission to an FTC-sponsored contest concerning robocall-blocking technology. On July 31, 2015, the U.S. Court of Federal Claims unsealed its opinion and order, granting the Commission’s motion for summary judgment against…

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