We have begun to see an influx of “spam” lawsuits in the Utah federal district courts brought by XMission, L.C. (“XMission”), a Utah-based Internet Service Provider, against advertisers, marketers, and their affiliates, for alleged violations of the CAN-SPAM Act.
Have You Been Sued By XMission? Read More »
September 15, 2015 On September 11, 2015, the Federal Communications Commission (“FCC”) issued a Citation and Order (the “Citation”), alleging that the ride-hailing company Lyft, Inc. (“Lyft”) is violating the Telephone Consumer Protection Act (“TCPA”) by requiring users to consent to receive commercial text messages and calls to their cell phones as a condition of
Lyft, Inc. and FCC Dispute Alleged TCPA Violations Read More »
September 14, 2015 Last Thursday, the California State Assembly’s Committee on Governmental Organization repurposed Assembly Bill No. 1437 that would impose new regulations on operators of Internet fantasy sports games. If passed, how would AB-1437 affect service providers in the fantasy sports industry?
California Seeks Regulation of Fantasy Sports Read More »
September 11, 2015 This summer, we reported on a court order issued in the Telephone Consumer Protection Act (“TCPA”) lawsuit encaptioned McKenna v. WhisperText. The order granted defendant mobile application provider WhisperText’s motion to dismiss, but allowed the plaintiff leave to amend his complaint. Last Wednesday, the U.S. District Court in San Jose, California dismissed
App Provider Prevails in Drawn-Out TCPA Lawsuit Read More »
September 9, 2015 On August 25, 2015, a putative class action lawsuit was filed against SoulCycle, Inc. (“SoulCycle”) in the United States District Court for the Central District of California, alleging violations by SoulCycle of the Credit Card Accountability, Responsibility and Disclosure Act (“CARD Act”), the Electronic Funds Transfer Act (“EFTA”), and various state statutes.
SoulCycle Hit with Class Action Complaint Read More »
September 8, 2105 This week, the Federal Trade Commission (“FTC”) announced that it had reached a settlement with Machinima, Inc. (“Machinima “) for charges of deceptive advertising in connection with paid testimonials of Microsoft’s Xbox One system and related games. Specifically, the FTC had alleged that Machinima failed to adhere to the FTC’s guidelines for
FTC Settles Charges of Illegal Paid Testimonials Read More »
September 3, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) granted retroactive Telephone Consumer Protection Act (“TCPA”) waivers to 117 marketers that allegedly delivered fax advertisements without mandatory opt-out information. The Commission issued the waivers in large part due to an FCC drafting error in 2006. Are all marketers off the hook
FCC Grants 117 Limited TCPA Waivers for Fax Ads Read More »
September 3, 2015 With football season rapidly approaching, and the ever expanding popularity of fantasy sports spurring excitement among fantasy football participants and fantasy football operators alike, it is important to highlight some of the critical requirements needed to ensure that paid contests are legal. The rules pertaining to fantasy sports contests that require an
The X’s and O’s of Fantasy Football Read More »
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