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…

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….

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….

October 3, 2018  In June 2018, legal sports betting in New Jersey became a long-awaited reality. There are currently eight online/mobile platforms offering sports gambling in New Jersey. To generate business through sports gambling marketing, the sportsbooks utilize the services of affiliates (i.e., entities and individuals involved in promoting, marketing, and directing business to online…

September 27, 2018 The Attorney General for the State of New York (“NY AG”) recently announced a settlement with WeWork Companies, Inc. that will revamp WeWork’s use of employee non-compete agreements.  The announcement comes amid wide-ranging legal challenges to various labor practices employed by the shared-office space company, one of New York’s largest private office…

September 20, 2018 In February of this year, the Federal Trade Commission (“FTC”) and Missouri State officials brought charges against a network of Kansas City area businesses (“Defendants”) which allegedly had used deceptive sweepstakes and other prize mailers to bilk consumers out of more than $100 million. The complaint alleges that Defendants sent prize notices…

September 18, 2018 On September 5, 2018, the United States District Court for Colorado granted a motion permitting All Web Leads, Inc. (“All Web”) to intervene in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed by Plaintiff Jennifer Turner (“Turner”) against Defendant Efinancial, LLC (“Efinancial”). In her TCPA case, Turner alleges that Efinancial…

September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court.  In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using…

September 13, 2018  On January 29, 2018, the Federal Trade Commission (“FTC”) filed a complaint against Digital Altitude LLC, et al. (“Digital Altitude”), for misrepresentations regarding potential earnings and the goods and services it provided. Earlier this month, one of the defendants, Sean Brown, agreed to settle with the FTC. On its face, the business…

September 12, 2018 The Securities and Exchange Commission (“SEC”) recently settled two lawsuits against sports betting funds which the agency accused of violating the Securities Act.  The settlement culminates a nearly two-year investigation, and the first known prosecution of a sports betting fund since Nevada legalized such pooled wagering. What were the nature of the…

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