May 26, 2016 Last month, the Federal Trade Commission (“FTC”) and the State of Florida commenced an action against Consumer Assistance, LLC, Consumer Assistance Project Corp., Palermo Global, LLC and the principal of all 3 organizations, Chastity Valdes (collectively, the “Defendants”).  The Defendants are alleged to have falsely promised to assist consumers in obtaining relief…

May 25, 2016 On Tuesday, the Federal Trade Commission (“FTC”) announced its settlement with Viatek Consumer Products Group Inc. (“Viatek”) and its principal Lou Lentine (“Lentine”) concerning claims that their “Mosquito Shield” wristband prevents wearers from being bitten by mosquitos.  The FTC commenced litigation against Viatek and Lentine in February, 2015.  After a failed motion…

May 23, 2016 This month, the Food and Drug Administration (“FDA”) released a highly anticipated rule chiefly aimed at bringing e-cigs and other nicotine vaporizing technology products within its regulatory purview.  For years, the e-cig industry has been allowed to grow and flourish within a legal grey zone as a non-tobacco product.  Under intense pressure…

May 20, 2016 This week, the U.S. Supreme Court issued a potentially landmark ruling in Spokeo, Inc. v. Robins (No. 13-3339), a case filed under the Fair Credit Reporting Act of 1970 (the “FCRA”) but expected to have much wider implications, including for Telephone Consumer Protection Act (“TCPA”) lawsuits. Could Spokeo help defendants in TCPA…

May 17, 2016 Last Week, Google Inc. (“Google”) announced its plan to ban AdWords ads for payday loans and related products. How will the ban affect your AdWords ad campaign?

May 17, 2016 Sweepstakes Disclaimers: A Must When Promoting Your Sweepstakes/Contest/Promotion   Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users.  Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits…

May 16, 2016 Last week, the National Telecommunications and Information Administration (“NTIA”), the President’s chief adviser on telecommunications issues, submitted a request to the Federal Communications Commission (“FCC”) for it to take certain measures which the NTIA anticipates will streamline the 214 application process.  We have previously written about the 214 license application requirements for…

May 12, 2016 With a jury trial scheduled to begin in just over a month, Led Zeppelin, their music publisher and record label continue to feud with the estate of a founding member of the rock band Spirit over the allowance of expert depositions in a copyright infringement case surrounding the song “Stairway to Heaven.”…

May 11, 2016 Last Tuesday, the Consumer Financial Protection Bureau (the “CFPB” or “Bureau”) proposed new rules that would regulate the consumer arbitration agreements of certain financial product and service providers. Are your arbitration agreements compliant?

May 10, 2016 A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so.  The…

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