January 29, 2018 Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”). The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) –…

January 26, 2018 New omnibus gaming legislation has been introduced to the Massachusetts State Senate which, if enacted, will significantly affect fantasy sports operators conducting business in the Commonwealth.  Introduced with an eye towards preparing for potential legalized sports gambling in the event that New Jersey prevails in its fight against the Professional and Amateur…

January 25, 2018 Over the last two years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act (“ADA”) concerning issues involving website accessibility. These lawsuits have often involved the vision and hearing impaired and concern whether certain websites impermissibly lack assistive technologies for those types of disabilities. The Internet community…

January 22, 2018 The Federal Trade Commission (“FTC” or “Commission”) recently released a 93-page report, which provides evidence lending support to the Commission’s current guidance on established advertising law. What are the key takeaways for native and search advertisers?

January 18, 2018 On January 8, 2018, eHarmony, Inc. (“eHarmony”), one of the largest online dating services in the United States, agreed to settle an automatic renewal lawsuit brought by the District Attorneys of four California Counties, as well as the City of Santa Monica (collectively “the State”). The final judgment was entered by the…

January 10, 2018 Last week, the Federal Trade Commission (the “FTC” or “Commission”) released legal multi-level marketing (“MLM”) guidance for direct sellers, providing important practice insights for those that follow the space. What are the key takeaways for MLMs?

January 5, 2018  On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc. (d/b/a “Health-Scripts”), a healthcare company offering network opportunities, and Janssen Pharmaceuticals, Inc. (“Janssen”), a pharmaceutical company that markets a type 2 diabetes…

January 4, 2018 Shortly before the end of 2017, Ohio governor John Kasich signed into law fantasy sports legislation that expressly legalizes and regulates fantasy sports contests and their operators within the State. What are some notable provisions of Ohio’s fantasy sports law?

January 3, 2018 Recently, the fast food sandwich chain Subway agreed to discontinue certain sweepstakes advertising practices in response to a Children’s Advertising Review Unit (“CARU”) inquiry. What prompted CARU’s investigation of Subway’s sweepstakes advertising practices?

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