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…

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,…

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…

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…

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?

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?

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…

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?

August 10, 2016 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into anti-competitive search ad bidding agreements with its rivals. Should sellers and advertisers be concerned about how they police their brands?

August 9, 2016 The U.S. Third Circuit Court of Appeals has issued a ruling denying New Jersey’s efforts to legalize sports betting in the State.   The ongoing league battle has pitted several professional sports associations against the State of New Jersey in a high stakes effort to undercut the federal Professional and Amateur Sports Protection…

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