April 28, 2017 This past Monday, the United States District Court for the District of Columbia upheld a Federal Trade Commission (“FTC”) interpretation of the Telephone Consumer Protection Act (“TCPA”) which held that marketing calls placed through use of soundboard technology constitute “robocalls” under the statute.  Although the FTC originally found that telephone calls using…

April 27, 2017 Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”).  The FTC alleged that the Defendants’ weight loss marketing materials misled consumers into believing that the Defendants’ product would cause consumers to lose 20-40 pounds in 40 days.  According…

April 26, 2017 Last week, a putative deceptive advertising class action lawsuit was filed against Dallas-based online dating company Match Group, Inc. (“Match”) in connection with certain premium paid features available on Match’s OkCupid platform. What is the nature of the claims against Match?

April 24, 2017 For the first time, the Federal Trade Commission (the “FTC” or “Commission”) has contacted, and questioned the product endorsement practices of, dozens of social media influencers – individuals who are powerful, popular and relevant enough to influence others within their online social sphere.  Influencers provide product endorsements through social media platforms, such…

April 21, 2017 A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois.  The plaintiff seeks to represent a nationwide class of persons and entities who received one or more faxes alleged to have been sent in violation of the Telephone…

April 20, 2017 Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s 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…

April 19, 2017 Last week, the Federal Trade Commission (“FTC”) announced its settlement with “the ring leader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not Call (“DNC”) Registry.”  Pursuant to the terms of the settlement agreement, Justin Ramsey, founder of Prime Marketing LLC, agreed…

April 18, 2017 Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the court.  Incredibly, Wells Fargo will only pay a total of $7,500 to resolve the TCPA class action.  Courts…

April 17, 2017 Prize Amounts Can Have Sweepstakes Law Implications Businesses are increasingly turning to sweepstakes and promotions as a means of attracting new customers and solidifying relationships with existing customers.  In this pursuit, business owners may be tempted to offer bigger and more expensive prizes in order to generate maximum buzz, but high ticket…

April 14, 2017 Arkansas Governor Asa Hutchinson signed into law a bill that legalizes and regulates fantasy sports contests and their operators within the State.  The enactment makes Arkansas the eleventh such state to fully sanction the industry and impose a regulatory regime governing same. What are some key provisions of the new Arkansas fantasy…

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