February 29, 2016 “Spam” lawsuits are becoming an ever-increasing concern to companies in the email marketing space. The potential liability of such suits can reach levels that threaten to jeopardize the viability of the business itself. Statutory liability may be imposed in amounts of up to $100.00 per email under the federal CAN-SPAM Act, with…

February 26, 2016 On February 22, 2016, the United States District Court for the Northern District of Illinois granted summary judgment to Voiceshot LLC (“Voiceshot”), dismissing a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed against it. The Court concluded that Voiceshot, a company that offers web-based communication services that subscribers may access and…

February 25, 2016 In the fall of 2015, Congress quietly slipped a provision into a budget bill that directed the Federal Communications Commission (“FCC”) to adopt implementing regulations for a proposed exemption to the Telephone Consumer Protection Act (“TCPA”). Last week, a draft rule was circulated to the full FCC which aims to protect certain…

February 24, 2016 Earlier this month, payment processor Capital Payments, LLC n/k/a Bluefin Payment Systems LLC (“Bluefin”) agreed to pay $750,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit involving alleged violations of the FTC’s Telemarketing Sales Rule. How do telemarketing regulations affect payment processors and ISOs?

February 11, 2016 Mobile App Operators Need to Obtain Consent and Ensure Proper Protections Are In Place One of the most useful features of mobile applications (or “mobile apps”), from both a consumer and mobile app operator standpoint, is the fact that mobile apps are, as the name implies, mobile. That is, the mobile apps…

February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar…

February 9, 2016 Last Wednesday, TTNA, Inc. (“TTNA”), owner of the Baby Dolls Saloon strip clubs in Texas, filed a federal trademark infringement lawsuit against New York-based Baby Dolls Cabaret Ltd. (“Baby Dolls Cabaret”). Can TTNA strip Baby Dolls Cabaret of its name (and profits)?

February 3, 2016 A recent case decided by the United States Court of Appeals for the Sixth Circuit should serve as a reminder to alarm companies nationwide of the importance that properly drafted contracts play in operating an alarm business. Following a burglary at a jewelry store to which ADT Security Services, Inc. (“ADT”) did…

February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to…

February 1, 2016 On January 26, 2016, a putative class action lawsuit was filed against Victoria’s Secret Stores, LLC (“Victoria’s Secret”), alleging that the clothing retailer violated the Telephone Consumer Protection Act (“TCPA”). The suit was originally filed in the Central District of California, but has since been re-assigned to the Southern District of California….

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