August 2016

Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive

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August 31, 2016 Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss.  The opposition seeks to keep alive the claims that the fantasy sports companies violated their rights of publicity under Indiana law […]

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Yelp Seeks Dismissal of Consumer Privacy Lawsuit

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August 30, 2016 Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies, including Twitter, Apple and Instagram.  The lawsuit focuses on various application developers’ use of a “find friends” feature,

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Class Certification Denied in TCPA Fax Case due to Individualized Determinations of Consent

Blog, Data & Privacy Law, Journal, Telemarketing Law /

August 20, 2016 On August 22, 2016, the United States District Court for the Northern District of California denied a motion for class certification in a putative class-action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”).  The plaintiffs, various medical offices, sued the defendants alleging that defendants sent unsolicited fax advertisements for medical

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Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality

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August 22, 2016 This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest earlier this year. What steps can sweepstakes and contest sponsors take

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Well-Drafted Privacy Policy Saves the Day for GameStop

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August 18, 2016 This Tuesday, the Eight Circuit Court of Appeals affirmed a Minnesota federal district court’s dismissal of a website user’s lawsuit and prospective class action involving the privacy policy and information sharing practices of video game retailer and magazine publisher GameStop, Inc. d/b/a Game Informer (“GameStop”). How important are website privacy policies?

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FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers

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August 17, 2016 This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and text messages made/delivered by utility companies. When can utility companies and their affiliates make autodialed calls?

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NYAG Announces Settlement with Synergy Fitness for Improper Billing

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August 12, 2016 This week, the New York State Attorney General (the “Attorney General”) announced that it had settled with nine Synergy Fitness (“Synergy”) health clubs over alleged deceptive and improper billing practices.  Specifically, the Attorney General alleged that Synergy improperly billed consumers for membership and also misrepresented and unfairly applied their cancellation policies in

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FCC Issues TCPA Compliance Ruling for School-Related Calls

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August 11, 2016 Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling addressing certain Telephone Consumer Protection Act (“TCPA”) compliance concerns raised by educational technology company Blackboard, Inc. (“Blackboard”). When can schools and their affiliates make autodialed calls?

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