July 28, 2017 Many business owners are familiar with Americans with Disabilities Act (“ADA”) requirements for physical structures, such as including wheelchair-accessible routes of travel in restaurants.  However, it is less commonly known that the U.S. Department of Justice (“DOJ”) and class action plaintiffs’ attorneys have interpreted the ADA to apply to website accessibility as…

July 27, 2017 Spotify USA, Inc.’s (“Spotify”) efforts to have class action claims regarding its automatic renewal practices dismissed were recently denied by a federal court in California.  The decision represents another data point in the recent upward trend of class action lawsuits involving claimed violations of California’s Automatic Renewal Law (“ARL”). How do Spotify’s…

July 19, 2017 SoulCycle, Inc. (“SoulCycle”) has agreed to pay up to $9.2 million to settle a gift card class action lawsuit in California. What were the allegations of wrongdoing against SoulCycle and what are the terms of settlement?

July 17, 2017 On July 12, 2017, the United States District Court for the Western District of Washington dismissed a putative class action complaint filed against Twilio, Inc. (“Twilio”), alleging that the platform had violated the Telephone Consumer Protection Act (“TCPA”).  In the underlying complaint, the named plaintiff alleged that he had received an unsolicited…

July 13, 2017 This month marks a significant milestone for Canada’s Anti-Spam Law (“CASL”), which was passed into law in 2010 and became effective in 2014.  CASL, which is widely regarded as the strictest anti-spam legislation in the world, prohibits all commercial electronic messages (“CEMs”) that are sent to or from Canada without proper consumer consent,…

July 10, 2017 It has been a year since Indiana’s fantasy sports law went into effect.  Nevertheless, in that time, the Hoosier State has only issued fantasy sports licenses to three operators, while alerting several other companies to cease their Indiana-related operations for lack of licensure. Why have so few fantasy sports operators obtained licenses…

July 7, 2017 Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app. How can text message marketers protect themselves from TCPA liability?

July 6, 2017 On June 22, 2017, the United States Court of Appeals for the Second Circuit ruled that consent provided by consumers to businesses within the meaning of the Telephone Consumer Protection Act (“TCPA”) cannot be revoked if such consent was “part of a bargained-for exchange” in a written contract.  Specifically, the Court asked,…

July 5, 2017 The Federal Trade Commission (“FTC”) recently announced a reform initiative aimed at eliciting comments from the general public on a host of federal regulations, including the landmark federal email law, Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”). What is the FTC seeking to accomplish with the initiative? 

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