October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How…

October 30, 2015 Yes, You too Mobile App Operators!   While some mobile app operators might be tempted to forego posting a privacy policy in their mobile app interface, making a privacy policy available to consumers is actually required by state and federal law. Furthermore, it makes sense from a customer-relations perspective to keep your…

October 29, 2015 On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. (“TD Bank”) in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act (“TCPA”). The putative class action seeks to certify a class of “[a]ll…

October 28, 2015 Yesterday, Illinois State Representative Mike Zalewski (D-Riverside), introduced the Fantasy Contests Act, a bill that the lawmaker hopes will apply regulatory oversight to the daily fantasy sports industry by requiring operators to adopt and implement certain policies and procedures.  The proposed legislation comes in response to the recent reports of industry insider…

October 28, 2015 Last Friday, the Third Circuit Court of Appeals breathed new life into a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against multinational tech giant Yahoo Inc. (“Yahoo”), vacating an earlier trial court decision in Yahoo’s favor and remanding the case for further proceedings. Why is Yahoo back in the TCPA crosshairs?

October 27, 2015 Earlier this month, a federal judge in Milwaukee preliminarily approved the settlement of a class action deceptive trade practices lawsuit surrounding the advertised length of sandwiches sold by fast food giant Doctor’s Associates Inc. d/b/a Subway Restaurants (“Subway”). How does Subway’s settlement agreement measure up?

October 22, 2015 This Wednesday, the Federal Communications Commission (“FCC” or “Commission”) released a spreadsheet of robocall and telemarketing consumer complaint data. The spreadsheet is available for public download and will be updated every week. Why has the Commission released this information, and how will it affect telemarketers?

October 21, 2015 This summer, after giving away her property as a prize to the winner of a promotional contest, Maine innkeeper Janice Sage was the subject of a police investigation and over a dozen complaints filed with the State’s Attorney General’s Office. Why are government regulators investigating promotional contests and sweepstakes?

October 6, 2015 DraftKings Inc. markets cash contests to fantasy sports enthusiasts with a grandiose invitation: “Welcome to the big time.” Following a data leak that has fueled calls for regulation and sparked an inquiry by New York’s attorney general, the Boston company is discovering that with the big time comes intense scrutiny. Now, the…

October 20, 2015 Last week, reports surfaced that the chairman of the House Committee on Oversight & Government Reform, Rep. Jason Chaffetz (R – Utah), is expected to hold hearings on fantasy sports in November.   While there has been no official confirmation that such a hearing will take place, the chairpersons of congressional committees have…

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