August 30, 2019  On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission (“FTC”) arising out of allegations of deceptive marketing. Specifically, the FTC alleged that Career Education Corporation and its subsidiaries (collectively, “CEC”) violated Sections 5, 13, and 19 of…

August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused…

August 27, 2019 On August 22, 2019, it was announced that 51 state attorneys general and 12 telecommunications service providers (AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon and Windstream) have collaborated to implement certain anti-robocalling principles intended to protect consumers from the growing scourge of illegal robocalls. In announcing this…

August 22, 2019 We have previously blogged about Nevada Senate Bill 220 and how it amended Nevada’s data privacy law to provide consumers with the ability to opt-out of the sale of their personally identifiable information to certain businesses. Given that the Nevada opt-out requirements go into effect on October 1, 2019, we wanted to…

August 21, 2019  Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone. These website accessibility lawsuits have been brought under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis…

August 15, 2019 The Federal Trade Commission’s (“FTC”) Bureau of Consumer Protection has entered into a consent agreement with Unrollme Inc. (“Unrollme”), preventing Unrollme from continuing to engage in practices which the FTC considers to be unfair or deceptive, in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a). This…

August 12, 2019 On July 22, 2019, Amanda Defranks (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against clothing retailer, nastygal.com USA Inc. (“nastygal.com”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Amanda Defranks v. nastygal.com USA…

August 8, 2019 A trial court in California recently issued a ruling interpreting California Business and Professions Code Section 17529.5 (“17529.5”) in Greenberg et al. v. Digital Media Solutions LLC et al., CGC-18-572010 that has the potential to profoundly impact the email marketing industry.  In dismissing claims for alleged violation of 17529.5 against an Advertiser…

August 6, 2019 On August 1, 2019, the Federal Communications Commission (“FCC”) adopted new regulations that will allow the federal government to pursue enforcement actions against foreign businesses that knowingly “spoof” US recipients with the intent to cause harm, defraud, or obtain anything of value. Spoofing is the practice of using misleading caller ID information…

August 2, 2019  On July 24, 2019, the House of Representatives unanimously passed the Stopping Bad Robocalls Act (the “Act”) by a vote of 429 to 3. The measure, which was originally introduced by Congressman Frank Pallone, Jr. (D-NJ), is crafted to modernize telemarketing restrictions and the use of automated telephone equipment as codified under…

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