August 28, 2017 New Jersey recently became the latest state to legalize fantasy sports when Governor Chris Christie formally signed newly-passed legislation into law.  One of the minority of states to allow casino gambling, New Jersey’s legalization achievement is a notable development given that gaming interests have long been an opponent of New Jersey fantasy…

August 25, 2017 The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging violations of the FTC Act, the Telemarketing and Consumer…

August 22, 2017 A federal court in Michigan recently rejected a plaintiff’s plea to expand the scope of Telephone Consumer Protection Act (“TCPA”) liability in a fax advertisement class action case.  This should come as welcome news to those operating in this space, particularly product manufacturers, as the court put a needed stop to recent…

August 21, 2017 This month, restaurant chain Hooters of America, LLC (“Hooters”) agreed to pay up to $1,420,150 to settle a Telephone Consumer Protection Act (“TCPA”) lawsuit filed in connection with its text message marketing practices. How does the TCPA create legal risks for businesses that deliver text messages?

August 17, 2017 Last month, the Federal Trade Commission (“FTC” or “Commission”) filed a negative option lawsuit in a Las Vegas federal district court against a tangled web of business entities and related individuals in connection with the defendants’ low-cost “trial” marketing practices. What should marketers know before offering free or low-cost trials?

August 11, 2017 Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act (“ADA”) against Five Guys Enterprises LLC (“Five Guys”) concerning the fast casual restaurant chain’s website accessibility. What should you do if you’ve been sued for…

August 8, 2017 Maine recently joined the growing list of states (now 15) to legalize fantasy sports by enacting its own legislation that will expressly sanction and regulate fantasy sports contests and their operators within the State.   What are some key provisions of Maine’s fantasy sports regulatory scheme?

August 7, 2017 DePaul University (“DePaul”) recently lost a Spokeo-based challenge to a Telephone Consumer Protection Act (“TCPA”) lawsuit.  The denial, which comes at the very early stages of the TCPA lawsuit, will likely result in a potentially protracted litigation, which involves allegations of unsolicited text message marketing. How does the denial of the Spokeo-based…

August 4, 2017 This Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced a new initiative to share consumer complaint-sourced telemarketer data with private businesses that develop call-blocking technology. How will the FTC’s recent move affect telemarketers?

August 3, 2017 On July 26, 2017, the Federal Communications Commission (“FCC”) released a forfeiture order against telemarketing platform provider Dialing Services, LLC (“DS”).  The forfeiture order imposes a $2,880,000.00 penalty for violations of the Telephone Consumer Protection Act (“TCPA”).  The FCC has been investigating DS’s business model and practices dating back to 2012 and,…

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