May 31, 2019 In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent. For what reason were the claims not dismissed…

May 20, 2019 The New York Times recently published an article reporting that certain plastic surgeons and cosmetic dermatologists (collectively, the “Doctors”) may have violated Federal Trade Commission  (“FTC”) and Food and Drug Administration (“FDA”) product endorsement and advertising regulations. In summary, the performance beauty company, Evolus, Inc. (“Evolus”), paid for Doctors to attend an…

May 17, 2019  This week, an Illinois woman filed a putative class action lawsuit in federal district court in the State of Florida against Ranieri Law LLC (“Ranieri”), a credit repair services company.  The plaintiff, Nanci Rowe (“Plaintiff”), alleged that Ranieri sent unsolicited text messages to her cellular telephone in violation of the Telephone Consumer…

May 16, 2019 A class action lawsuit has been filed against a fireproofing company and its owner in the federal district court for the Northern District of Illinois alleging violations of the Telephone Consumer Protection Act (“TCPA”).  The plaintiff in this fax TCPA lawsuit seeks to represent a nationwide class of recipients of one or…

May 10, 2019 The Federal Trade Commission (“FTC”) has settled its first Consumer Review Fairness Act (“CRFA”) violation investigations. Enacted in December of 2016, the CRFA prohibits businesses from offering provisions in form contracts that prevent customers from publicly expressing honest reviews about products or services, or penalizing those customers who have publicized such reviews….

May 8, 2019 To date, the United States Patent and Trademark Office (“PTO”) has refused registration for cannabis and derivative products on the basis that such goods were unlawful for use under federal law. The passage of the Farm Bill, on December 20, 2018, removed hemp from the Controlled Substances List and gave states the…

May 7, 2019  Last month, the State of Indiana Attorney General’s Office (“Indiana AG”) filed a lawsuit in Indiana state court against defendant Hopkins and Raines Inc. (“H&R”). The prize promotion lawsuit alleged that H&R deceptively advertised prize promotions in violation of the Indiana Deceptive Consumer Sales Act (Indiana Code § 24-5-0.5-1 et seq.) and…

May 2, 2019 In a precedent setting decision, the Canadian Radio-television and Telecommunications Commission (“CRTC”) has fined the President and Chief Executive Officer of a group of businesses for Canada Anti-Spam Law (“CASL”) compliance violations.  The CRTC levied a fine against the executive in the amount of $100,000 after an investigation determined that the companies…

May 1, 2019 In Tampa, Florida, two local proprietors are negotiating over the use of “Florida Avenue” in their respective branding. Florida Avenue Brewing Company was the first to use the geographic location in its name and believes that Florida Avenue Eats, located only a mile and a half down the street, will cause consumers…

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