September 29, 2016 Over the past few years, there has been a concerted effort on the part of the US Department of Labor, as well as various state attorneys general, to target businesses that misclassify workers as independent contractors when those workers should be treated as employees. As previously discussed on this site, there can…

September 28, 2016 The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and its principal.  The judgment provides for, among other things, a monetary penalty of approximately $400,000 for consumer refunds and a prohibition against COORGA and its owner from making misleading prevention and other health-related claims…

September 27, 2016 Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws.  Specifically, the class action complaint alleges that THC advertises that its products are “100% natural” and “all natural” despite the presence of synthetic ingredients…

September 26, 2016 Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes. How can a…

September 23, 2016 Nutritional supplement marketer, NutraClick, has entered into a settlement with the Federal Trade Commission (“FTC”), ending a lawsuit that the agency initiated for alleged violations of the Federal Trade Commission Act and the Restore Online Shoppers’ Confidence Act.   The FTC had brought the lawsuit in connection with allegations that NutraClick charged customers…

September 22, 2016 In recent months, the media has been reporting on increased regulatory activity involving the Federal Trade Commission (the “FTC” or “Commission”) and the sellers that hire non-compliant influencer marketers. What can influencer marketers, their seller clients and social media influencers do to protect themselves?

September 19, 2016 The Michigan State House of Representatives recently introduced legislation proposing to exempt certain fantasy sports contests from the prohibition against gambling contained in the State’s penal code.  The proposal is the second attempt to legalize fantasy sports contests within the State, after an earlier bill was introduced into the State Senate but…

September 15, 2016 Last Friday, New York Road Runners, Inc. (“Road Runners”) – organizer and operator of the New York City Marathon (the “Marathon”) – reached an agreement to settle a sweepstakes lawsuit filed in connection with the Marathon’s runner selection process. How can sponsors of sweepstakes, contests and drawings minimize their risk of legal…

September 14, 2016 Last week, a ruling that refused to strike class allegations was issued by a judge presiding over a putative class action in the Northern District Court of Illinois concerning alleged violations of the Telephone Consumer Protection Act (“TCPA”).  In the TCPA class action case, a for-profit university, American Intercontinental University, Inc. (“AIU”)…

September 13, 2016 Last August, we reported that the U.S. Court of Federal Claims had dismissed a lawsuit related to the Federal Trade Commission (the “FTC” or “Commission”) sponsorship of a contest promoting robocall-blocking technology, siding with the FTC and its contest rules.  The plaintiff, who appealed the claims court’s decision to the Federal Circuit,…

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