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…

August 30, 2018  The Federal Trade Commission (“FTC”) has announced that it will increase the fees that entities pay to access telephone numbers on the National Do Not Call Registry (the “Registry”) per the terms of the Do Not Call Registry Fee Extension Act of 2007 (the “Act”). The fees for yearly access to the…

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…

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?

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….

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…

August 16, 2018 Illegal gambling is generally defined as an activity where a person provides consideration for the opportunity to win a prize in a game 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…

August 14, 2018 Readers will recall from our previous blog that the New York State Legislature had before it a proposed bill that would have legalized sports betting on a statewide basis.  Notwithstanding being on the precipice of establishing a legal framework for sports gambling in the nation’s biggest market, lawmakers failed to do so…

August 13, 2018 Website Terms and Conditions are a useful tool for website owners and operators to use in order to create essential legal protections and limit liability.  Frequently, website Terms and Conditions, coupled with the Privacy Policy, are the only legal documents used to establish the contractual relationship between website operators and their respective…

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”).  This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)…

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