November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material.  Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach…

November 23, 2016 The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market.  Long permitted to fly under the FTC’s radar based upon a 1988 Food and Drug Administration (“FDA”) compliance policy guideline, OTC homeopathic drug advertising is now officially subject to…

November 21, 2016 Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”).  The court rejected Hooters’ argument that the plaintiff lacked standing to bring the TCPA lawsuit, an argument premised on the U.S. Supreme…

November 18, 2016 On November 11, 2016, a putative class action complaint was filed against two related pharmaceutical companies alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that the pharmaceutical companies sent an unsolicited fax advertisement in violation of the TCPA.  The plaintiff has already moved for preliminary class certification. …

November 17, 2016 On November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action was commenced by Stewart Abramson against Alpha Gas and Electric, LLC…

November 15, 2016 A federal judge for the Middle District Court of Florida has entered a $30 million judgment in favor of the Federal Trade Commission (“FTC”) and against NBA Advertising, Inc. and its owner.  We had previously blogged about the initial filing of the lawsuit by the FTC, which was brought in connection with…

November 9, 2016 In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message marketing company. What led to the lifting of the suspended judgment against the text message…

November 3, 2016 On November 1, 2016, the Federal Trade Commission (“FTC”) announced its settlement with a “collection of entities” known as Consumer Education Group (“CEG”) for alleged violations of the Telemarketing Sales Rule (the “TSR”).  The settlement imposes a $2,339,687.00 penalty against CEG, but due to financial considerations, CEG will only be required to…

November 2, 2016 The Canadian Radio-television and Telecommunications Commission (“CRTC”) has fined Blackstone Learning Corp. (“Blackstone”) $50,000 for various violations of Canada’s Anti-Spam Law (“CASL”).  In the decision, the first of its kind, CRTC determined that Blackstone had violated CASL in connection with sending 400,000 unsolicited commercial email messages without the requisite consent to do…

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