October 27, 2017 Fantasy Sports Opinion Letters Are Required by Banks, Payment Processors and Credit Card Companies Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was recently called off, the fantasy sports industry continues to thrive and evolve.  Over the past couple of years, over a dozen…

October 26, 2017 On October 23, 2017, the Federal Trade Commission (“FTC”) issued a policy enforcement statement providing new direction regarding the application of the Children’s Online Privacy Protection Rule (“COPPA”) to the collection of audio voice recordings online.  COPPA compliance requirements generally apply to operators of online services that are either directed to children…

October 24, 2017 A federal court recently rejected Alarm.com’s efforts to have claims against it dismissed in a Telephone Consumer Protection Act (“TCPA”) lawsuit.   The TCPA lawsuit against Alarm.com seeks redress for alleged aggravation and intrusion of privacy resulting from the receipt of more than 75 Alarm.com product-related calls. What were the allegations contained in…

October 19, 2017 Mobile App Sweepstakes Are an Effective Tool for Business Owners Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers.  In conjunction with this trend, there…

October 18, 2017 Last week, the Food and Drug Administration (“FDA”) issued finalized guidance regarding the distribution of free samples of e-cigarettes and other tobacco products. What do e-cigarette marketers need to know about product sampling, coupons and other promotions?

October 13, 2017 This Tuesday, in furtherance of the terms of settlement of a 2014 “free trial” lawsuit, the Federal Trade Commission (the “FTC” or “Commission”) began mailing approximately $10 million worth of refund checks to hundreds of thousands of consumers who requested free trials of certain dietary supplements and weight loss products but were…

October 12, 2017 The advertising practices of Tinder, Inc. (“Tinder”) are being called into question following the reinstatement of a class action lawsuit alleging that it engaged in various forms of deceptive business practices.  The popular mobile dating application, known for its “swipe right” matching feature, is alleged to have deceived consumers into paying ever higher…

October 5, 2017 M & A Lawyers: Legal Assistance with Your Asset Sale or Stock Sale For countless businesses, across every industry and vertical, a prospective merger, acquisition or other business combination represents the culmination of long term strategy.  Through the merger/acquisition process, an entity can obtain a huge influx of capital, merge with an…

October 4, 2017 On September 29, 2017, the United States District Court for the Southern District of Indiana (Walton Pratt, J.) issued a decision dismissing claims by three former college football players, Akeem Daniels, Cameron Stingily and Nicholas Stoner, alleging that Fanduel, Inc. and Draftkings, Inc. each violated the players’ respective rights of publicity by…

October 2, 2017 In a recent decision, a federal district court in San Francisco dismissed email marketing-related California State legal claims against Sauphtware, Inc. d/b/a “Panda Mail,” finding that Panda Mail’s delivery of email on behalf of third-party advertisers did not, in and of itself, amount to advertising.  The ruling would appear to absolve emailers…

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