January 29, 2016 This week, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court for the Central District of California alleging acts of deceptive advertising against DeVry Education Group Inc., the operator of DeVry University (“DeVry”). What is the nature of the FTC’s allegations?  

January 28, 2016 Mobile App Operators Need Binding Agreements with End-Users   It is essential that every business or individual that operates a mobile application (or “mobile app”) ensure that there is a binding contract in place with those end-users that access and use the app. These contracts are often referred to as “Terms and…

January 27, 2016 On January 22, 2016, Yahoo!, Inc. (“Yahoo”) once again moved for summary judgment in the Telephone Consumer Protection Act (“TCPA”) class action case entitled Dominguez v. Yahoo!, Inc., currently pending in the United States District Court for the Eastern District of Pennsylvania. Yahoo makes its motion following an earlier decision by the…

January 26, 2016 Last Thursday, two Utah residents filed a class action complaint against New York Road Runners, Inc. (“Road Runners”), the organizer and operator of the New York City Marathon (the “Marathon”), alleging that Road Runners are conducting an illegal lottery to select a limited number of runners for the Marathon. How can sponsors…

January 25, 2016 Updating a previous topic on which we have recently blogged, Wisconsin State Representative Tyler Vorpagel has officially begun circulating a draft proposal to regulate daily fantasy sports in the State and is now seeking sponsors. What are some key provisions of the proposed Wisconsin regulation?

January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment…

January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?

January 14, 2016 Florida has cleared a key procedural hurdle in the State’s quest to legalize and regulate fantasy sports contests and their operators. Earlier this week, a Florida House subcommittee, the Business & Professions Subcommittee, passed a bill that would explicitly legalize fantasy sports contests under Florida state law, containing a regulatory framework that…

January 11, 2016 Businesses in the residential and commercial alarm and security space face inherent hazards, as they are tasked with mitigating and/or eliminating the risk to both person and property from dangers ranging from burglary, fire, water loss, etc. These businesses have become adept at minimizing risk on behalf of others. Far too often,…

January 8, 2016 This week, a key procedural hurdle was cleared by a bill in California designed to license and regulate operators of fantasy sports contests, as the Assembly Governmental Organization Committee approved the proposal 17-1. The bill must still be approved by the Appropriations Committee before it receives a vote by the full Assembly….

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