October 2015

TCPA Amended by 2015 Bipartisan Budget Agreement

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 […]

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Why Every Mobile App Needs a Privacy Policy

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

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TD Bank Hit with TCPA Class Action Lawsuit

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

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Illinois Eyes Regulation of Fantasy Sports Industry

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

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Third Circuit Revives TCPA Class Action Against Yahoo

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?

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Subway Settles Sandwich Length Deceptive Trade Practices Lawsuit

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?

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FCC Releases Spreadsheet of Robocall and Telemarketing Complaint Data

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?

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Innkeeper Investigated for Promotional Contest with Property as Prize

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?

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