November 12, 2019 On November 5, 2019, the Federal Trade Commission released a new guide, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing…

November 6, 2019 Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers.  While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for…

November 1, 2019 In an effort several years in the making, Iowa recently issued the State’s first fantasy sports license to DraftKings, Inc. (“DraftKings”).  DraftKings wasted no time in getting its operations up and running, having launched its Internet-based Iowa fantasy sports service to the public in recent weeks. What are some notable provisions of…

October 31, 2019 On October 29, 2019, the National Collegiate Athletics Association’s (“NCAA”) Board of Governors unanimously voted to consider allowing student-athletes to benefit from the use of their names and likenesses. The NCAA has long restricted collegiate athletes from controlling how their respective names, images and likenesses are used. Now, however, the Governors of…

October 28, 2019 On October 8, 2019, the United States Olympic and Paralympic Committee (“USOPC”) issued a new set of Olympic advertising guidelines in advance of the Tokyo 2020 Olympic Games.  The new guidelines effectively relax the prior restrictions placed on athletes and advertisers by the International Olympic Committee (“IOC”).  Specifically, Rule 40.3 of the…

October 24, 2019 Readers of this blog know that we have been analyzing both the draft California Consumer Privacy Act (“CCPA”) regulations and the California Attorney General’s associated effort to clarify and modify the CCPA before it takes effect on January 1, 2020. Today, we would like to address Section 999.314 of the proposed regulations,…

October 21, 2019 On October 15, 2019, NatureCity, LLC, a Florida-based marketer and seller of aloe vera-based supplements, entered into a stipulated order with the Federal Trade Commission (“FTC”) settling alleged violations of the FTC Act. Under the terms of the order, NatureCity, its CEO, and Senior VP (collectively, “Defendants”) agreed to pay a $537,500…

October 18, 2019 Recently, we blogged concerning the California State Attorney General’s release of draft California Consumer Privacy Act (“CCPA”) regulations and the associated request for public comment. In that blog, we highlighted that new obligations had been added that were not included in the CCPA itself. Today, we discuss one such new provision –…

October 16, 2019 When the California Consumer Privacy Act (“CCPA”) was enacted in June 2018, it required the California State Attorney General to adopt regulations on or before July 1, 2020. On October 11, 2019, the widely anticipated draft CCPA regulations were released to the public. The intention of the proposed CCPA regulations is to…

October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”).  Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the…

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