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?

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…

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….

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…

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…

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…

September 2, 2015 In the last several years, Harold Hoffman (“Hoffman”) has filed dozens of class action lawsuits in the state and federal courts of New Jersey. One common theme of many of these class action matters has been reliance on the State’s Consumer Fraud Act (“CFA”) to form the basis of his suits. Hoffman’s…

September 1, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) confirmed that efax ads fall within the regulations of the Telephone Consumer Protection Act (the “TCPA”). The Commission’s declaratory ruling was issued in response to a petition for clarifications filed by Westfax, Inc. (“Westfax”) almost six years earlier. Should marketers send efax…

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