October 2018

Indiana Supreme Court Rules Against Student Athletes in Fantasy Sports Rights of Publicity Case

October 29, 2018 In a landmark decision, the Indiana Supreme Court has ruled that student athletes do not have a right of publicity basis to prevent fantasy sports companies from using their names, pictures and/or statistics without the athletes’ consent under the State’s statute. Why did the Court find no preemptive right of publicity for […]

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Facebook marijuana advertising

Facebook to Allow Marijuana Advertising

On October 11, 2018, Facebook, Inc. (“Facebook”) announced that it will allow marijuana advertising via cannabis-related pages for verified organizations and/or businesses to appear in users’ search results on Facebook. These verified organizations or businesses will carry Facebook’s “gray” and “blue” verification symbols and will be searchable to Facebook users via terms such as “cannabis”

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Las Vegas Hotel’s Use of Artificial Intelligence Leads to SMS TCPA Class Action

October 23, 2018 A nationwide class action lawsuit involving the receipt of SMS text messages that were allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”) was recent filed against Las Vegas’ Treasure Island hotel.  This SMS TCPA class action involves Treasure Island’s use of a virtual concierge service. What were the practices

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Self-Regulatory Principles Applicable to Internet-Based Advertisers: Giving Consumers a Choice and, Sometimes, Obtaining Express Consent

October 18, 2018 The Digital Advertising Alliance (“DAA”) is a non-profit organization formed and governed by several leading advertising and marketing trade associations. It has enacted and employs several privacy-related self-regulatory principles (the “DAA Principles”) applicable to digital advertising data collection and use. The DAA Principles cover entities engaged in Internet-based advertising and seek to

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Comparing the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR)

October 15, 2018 On June 28, 2018, California passed the most comprehensive and consumer-friendly privacy law in the United States: the California Consumer Privacy Act (“CCPA”).  In many respects, the framework of the CCPA is similar to the Europe Union’s recently enacted General Data Protection Regulation (“GDPR”). While many businesses took measures to comply with

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Nationwide TCPA Litigation Settles

October 12, 2018 A lawsuit in the United States District Court for the Southern District of Florida involving allegations of widespread text messaging-related violations of the Telephone Consumer Protection Act (“TCPA”) was recently settled.  Because of the nature and commonality of the marketing practices at issue, this TCPA litigation ultimately settled on a class-wide basis.

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TCPA News: FCC Seeks Public Comment on ATDS Definition

October 5, 2018 A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission (“FCC”) to issue a new public notice for comment on what constitutes an “automatic telephone dialing system” (“ATDS”) for purposes of compliance with the Telephone Consumer Protection Act (“TCPA”).  The TCPA news just keeps coming.

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