November 30, 2015 This month, the Federal Trade Commission (the “FTC” or “Commission”) made several revisions to the Do-Not-Call regulations contained in its Telemarketing Sales Rule (“TSR”), as well as additional amendments to its business-to-businesses exemption and oral verification recording requirements. How do these changes affect telemarketers?

November 24, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded over the past few years. Unfortunately, many marketing companies and advertisers wait until they are named in a complaint or receive a subpoena before working with a TCPA lawyer, under the mistaken belief that their marketing practices seem lawful,…

November 23, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) amended its Telemarketing Sales Rule (“TSR”) regulations to, among other things, add new outbound and inbound telemarketing payment method prohibitions. Which payment methods did the Commission ban?

November 20, 2015 On November 17, 2015, the United States District Court for the Central District of California dismissed a class action complaint filed against Microsoft Corporation (“Microsoft”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). The Court found that the plaintiff, as well as the proposed class members, knowingly released their contact information…

November 18, 2015 Earlier this fall, we reported on a class action lawsuit alleging that indoor cycling fitness company SoulCycle Inc. (“SoulCycle”) violated federal and state law by selling pre-purchased spinning classes with expiration dates ranging from 30 days to one year. Last weekend, in opposition to a motion to dismiss filed by SoulCycle, the lead…

November 17, 2015 On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil’s (“Cirque”) motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). Cirque argued that the class action, which was commenced…

November 16, 2015 Massachusetts Governor Charlie Baker has definitively come down on the side of fantasy sports. Last week, the Governor announced that to get a sense of what fantasy sports contests are all about, he participated in an online contest and believes the contests to be legal games of skill.   What are the…

November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile…

November 11, 2015 Last week, singer-songwriter Taylor Swift and the American Greetings Corporation (“American Greetings”) settled a legal dispute with Blue Sphere, Inc. d/b/a Lucky 13 (“Blue Sphere”) in connection with the name of their promotional sweepstakes collaboration. Why did Blue Sphere have Bad Blood with Swift and American Greetings’ sweepstakes?

November 10, 2015 Washington, one of five states in the country to currently have an outright prohibition on fantasy sports contests, is reportedly kicking the tires on legalization. The Washington State Gambling Commission (the “WSGC”) is set to discuss the industry at a public meeting scheduled for this week. The WSGC has previously taken the…

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