December 21, 2016 This week, the Second Circuit Court of Appeals reversed a district court ruling that had dismissed GameStop Corp. (“GameStop”) and Webloyalty.com, Inc. (“Webloyalty”), an online discount savings website, from a class action lawsuit arising from allegations of deceptive trade practices. What were the business practices that landed GameStop and Webloyalty in hot…

December 15, 2016 This Monday, a Mississippi resident sued a number of the “American Idol” contest’s sponsors after he allegedly suffered a serious internal ear injury in connection with the promotion. What steps can sweepstakes and contest sponsors take to limit their legal exposure?

December 14, 2016 On December 5, 2016, the Federal Trade Commission (“FTC” or “Commission”) issued an opinion finding that California Naturel, Inc. (“CNI”) had violated the FTC Act by falsely marketing its sunscreen products as “all natural,” despite the presence of a synthetic substance.  CNI sought to avoid summary judgment by arguing that after the…

December 13, 2016 A fantasy sports bill has been introduced in Ohio pursuant to which the State’s gaming laws would be amended to provide the Ohio Casino Control Commission (the “Commission”) with the authority to regulate fantasy sports contests.  With so few days remaining in the current legislative session, the introduction of the bill seems…

December 12, 2016 The Federal Trade Commission (“FTC”) has announced an historic consumer refund initiative to provide relief to millions of AT&T Mobility, LLC (“AT&T”) customers that were the subject of mobile cramming.  The settlement arises out of a mobile cramming-related lawsuit against not only AT&T, but also Tatto, Inc. (“Tatto”) and Acquinity Interactive, LLC…

December 9, 2016 This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with Genesis’ interactive, Internet-connected toys. What are the key takeaways for businesses in the Internet of Things (IoT) space?

December 7, 2016 Facebook Inc. (“Facebook”) has announced new ad targeting restrictions for Facebook advertisers operating in the housing, employment and credit marketing space. What do social media marketers need to know?

December 6, 2016 A bill introduced to the Illinois House of Representatives, designed to criminalize fantasy sports, has been assigned to the Executive Committee for further review and analysis.  The move advances the bill one step closer to passage.  Fantasy sports lawyers, and the operators that they represent, continue to grapple with the challenges presented…

December 5, 2016 On November 30, 2016, the Federal Trade Commission (“FTC”) announced a settlement with Jason A. Kotzker, the purported owner and member of two separate data broker companies: Sequoia One, LLC and Gen X Marketing Group, LLC.  Kotzker was the final defendant to settle an action commenced by the FTC last August.  According…

December 1, 2016 Last week, a Dallas federal court concluded that Yahoo! Inc. (“Yahoo”) should be paid over $913,000 in attorneys’ fees in connection with its March Madness sweepstakes promotion, bringing Yahoo’s total award in the case to more than $1.5 million. How did the sweepstakes promotion take such a turn for the worse?

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