September 2016

FTC Robocall Contest Rules Under Fire Again

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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Complaint Alleges T-Mobile and Subway Violated TCPA

September 12, 2016 On September 6, 2016, a putative class action lawsuit was filed in the United States District Court for the Western District of Washington by two plaintiffs alleging that T-Mobile USA, Inc. (“T-Mobile”) and Subway Sandwich Shops, Inc. (“Subway”) violated the Telephone Consumer Protection Act (“TCPA”) in connection with a mobile marketing campaign. 

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Verizon Hit with TCPA Class Action Lawsuit

September 9, 2016 This week, a putative class action complaint was filed in the federal court for the Central District of California against Verizon Wireless Services, LLC (“Verizon”), alleging various violations of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action complaint contemplates two separate classes of individuals with alleged grievances against Verizon. What

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Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

September 6, 2016 Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals for FTC Act and the Mortgage Assistance Relief Services Rule violations.  In awarding the FTC summary judgment, the Court

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Federal Court Serves Up Big Win for Email Marketers in Spam Lawsuit

September 2, 2016 A recent decision in Silverstein v Keynetics, Inc. et al, by a federal judge in the Northern District of California has provided a glimmer of hope to email marketers that the seemingly limitless reach of California’s anti-spam law may finally be abating.  In a spam lawsuit ruling that relied heavily on the

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Gladys Knight Files Unfair Competition Lawsuit Against Her Son

September 1, 2016 This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle restaurants bearing Knight’s name and likeness. How can businesses avoid legal issues related to third-party names and brands?

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