July 31, 2018  Last month, a group of 14 United States Senators from the Democratic Party sent a letter (the “Letter”) to the Federal Communications Commission (“FCC”) in response to two (2) FCC Public Notices seeking comments on a proposed rulemaking concerning certain provisions of the Telephone Consumer Protection Act (“TCPA”). The Letter urges the…

July 30, 2018  Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan (“Raymour”), pursuant to a forum-selection clause contained in its Sweepstakes Official Rules (“Sweepstakes Agreement”). Evelyn Manopla, the Plaintiff named in the sweepstakes law class action against Raymour, argued that…

July 28, 2018 On July 1, 2019, a new law passed by the State of Vermont goes into effect, which is the most stringent of its kind. The law, entitled “Automatic Renewal Provisions in Consumer Contracts,” governs contracts between a consumer and a seller (or a lessor) with an initial term of one year or…

July 20, 2018  Texas A&M University (“A&M”) recently challenged the trademark application of Washington Soap Company (“Applicant”), which was seeking registration of 12TH MAN HANDS for “handmade loofah soap bar or puck.” A&M contested the application on likelihood of confusion grounds under Section 2(d) of the Trademark Act and dilution by blurring under Section 43(c)…

July 19, 2018 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against one of the world’s premier Latin dance cruises, Aventura Dance Cruise.  The lawsuit claims that Aventura Dance Cruise’s text message advertising campaign was conducted…

July 9, 2018 On June 28, 2018, California Governor, Jerry Brown, approved Assembly Bill 375 (the “Law”). The intention of the consumer privacy Law is to provide businesses with a blueprint on how to handle consumers’ personal data. The framework of the Law is similar to Europe’s new General Data Protection Regulation (“GDPR”). For businesses…

July 6, 2018  On July 1, 2018,  California Senate Bill No. 313 (the “Amended Law”) went into effect. The Amended Law revised Section 17602 of California’s Business and Professions code, requiring businesses to adapt to a stricter Automatic Renewal Law (“ARL”). After July 1, 2018, companies offering automatically renewing subscription services to California State customers…

July 5, 2018 On June 29, 2018, the United States Court of Appeals for the Second Circuit issued a decision following the reasoning of the D.C. Circuit Court of Appeals’ recent decision rejecting, as unclear, the interpretation of the definition of an automatic telephone dialing system (“ATDS” or “autodialer”) that had been employed by the…

July 5, 2018 Following the Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act (“PASPA”), states across the country have moved quickly to set up legal sports gambling markets in their respective jurisdictions.  Recent developments out of New York and Rhode Island are likely to have significant impacts for those interested…

July 3, 2018 Verizon Wireless (“Verizon”) recently announced that it would end the sale of cell phone owners’ real-time location data to companies that buy and sell access to consumer location data. Within days of Verizon’s announcement, AT&T, Sprint, and T-Mobile piggy-backed on Verizon’s move by announcing that they too plan to limit and/or end…

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