August 2018

TCPA Healthcare Companies Seek Ruling on Joint Petition Filed in 2016

Blog, Journal, Telemarketing Law /

August 31, 2018  Last week, a group of healthcare companies sent a letter to the Federal Communications Commission (“FCC”) seeking clarification regarding how healthcare communications are treated under the Telephone Consumer Protection Act (“TCPA”). Specifically, the letter urged the FCC to rule on a joint petition filed on July 28, 2016, by the American Association […]

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Federal Sports Gambling Legislation on the Way?

Blog, Journal, Online Gambling Law /

August 29, 2018 Last week, Utah Senator Orrin Hatch gave a speech from the Senate floor lamenting the lack of congressional debate over sports gambling in the months following the Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act (“PASPA”).  Hatch, an original PASPA co-sponsor, touched upon both the risks he

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Second Update on California’s Email Marketing Bill AB-2546

Blog, Journal, Telemarketing Law /

August 28, 2018 We have promised to provide updates on proposed California State legislation that would implement more restrictive advertising regulations applicable to email marketing that is sent either from California or to California resident email addresses. What is the current status of the email marketing legislation?

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will.i.am’s #Willpower Trademark Application Rejected

Journal, Trademark & Copyright Law /

August 27, 2018 will.i.am’s trademark application for #Willpower has received a final refusal by the Trademark Trial and Appeal Board (“TTAB”). The TTAB found that #Willpower was likely to be confused with a previously registered mark which consisted of two offset, identical mountain peaks with the stylized text “WILLPOWER WEAR” below and “Have the will.

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Another TCPA Case is Challenged as to the Sufficiency of its Allegations

Blog, Journal, Telemarketing Law /

August 24, 2018 On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional

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games of chance

Games of Skill v. Games of Chance – The Legal Analysis

Blog, Internet Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

Illegal gambling is generally defined as an activity where a person provides consideration for the opportunity to win a prize in games of chance. Consideration typically takes the form of currency, but it can be anything of value (hence the idiom, losing your shirt). If there is no consideration, or the game is deemed a

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