July 29, 2016 A federal judge for the District Court in Little Rock, Arkansas ruled this week that a 1981 State law banning political robocalls is unconstitutional.    The ruling comes less than a year after a federal court overturned a similar state law ban in South Carolina. Why did the Court find the robocall ban…

July 28, 2016 Federal Communications Commission (the “FCC”) Chairman, Tom Wheeler, last week encouraged the major wireless and wireline telecommunications carriers to offer cost-free call-blocking services to customers.  This week, AT&T announced that it has heeded that call to action and will form a strike force to come up with a plan to prevent robocallers…

July 26, 2016 Last week, the New York State Attorney General (the “Attorney General”) announced settlements with two separate companies relating to claims involving allegations of deceptive advertising and billing practices.  The companies, Tristar Products, Inc. (“Tristar”) and Product Trend (“PT”), directly market their respective products, ranging from women’s undergarments to pillows, to consumers.  The…

July 22, 2016 The Federal Trade Commission (“FTC”) recently prevailed in a deceptive marketing practices investigation involving Partners In Health Care Association (“PIHC”) and its owner.  The judgment obtained by the FTC provides for, among other things, a monetary penalty of nearly $9 million and a prohibition against PIHC and its owner from selling healthcare…

July 20, 2016 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has reached a settlement with Warner Bros. Home Entertainment Inc. (“Warner Bros.”) over charges of deceptive advertising in connection with alleged paid YouTuber endorsements for a Warner Bros. video game. Why did the FTC target Warner Bros. paid product endorsements?

July 15, 2016 When Kylie Jenner, Inc. – the corporate entity operating Kylie Jenner’s “Kylie Cosmetics” – recently received a rating of “F” from the Better Business Bureau (“BBB”), the reality television personality’s team began taking steps to improve the business’ failing BBB rating. How should businesses respond to BBB complaints?

July 14, 2016 On Wednesday, the Federal Trade Commission (“FTC”) announced its settlement with four separate companies, each alleged to have falsely advertised its respective products as “all-natural.”  The products, including sunscreen, shampoo, and body lotion, are all alleged to have contained some synthetic ingredients despite the companies’ claims that such products are “all-natural.” What…

July 13, 2016 Within the last week, attorneys general in West Virginia and Delaware made headlines for actions they have taken concerning fantasy sports.  West Virginia’s Attorney General released an opinion which concluded that properly structured fantasy sports contests do not violate State law.  The opinion was issued in response to a request from a…

July 11, 2016 In a surprisingly whimsical decision that paid homage to a retiring magistrate judge and poked fun at Ayesha Curry, the United States District Court for the Northern District of California held that Twitter, Inc. (“Twitter”) is the “maker” of unwanted text messages containing tweets within the meaning of the Telephone Consumer Protection…

July 7, 2016 Last week, new fantasy sports laws became effective in both Tennessee and Virginia.  Accordingly, as of July 1, any fantasy sports contest operator who has failed to register or otherwise apply for licensure in accordance with the newly operative laws in those states is likely to be operating in violation of each…

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