March 28, 2017 The Office of the New York State Attorney General (“NY AG”) recently announced a settlement of its investigation into the privacy policy and advertising-related business practices of three popular health-based mobile applications.   Each of the applications ostensibly allowed users to track their fitness, and measure vital signs and other heath indicators, as…

March 24, 2017 This month, “Willy Wonka” filmmaker Warner Bros. Entertainment Inc. (“Warner Bros.”) formally opposed Georgia-based South Sky Brewing Company’s (“Southern Sky”) federal trademark application for its “Golden Ticket” branded beer, reinforcing the importance of consulting with an experienced trademark lawyer before using or registering a new beer brand name. How can a craft…

March 23, 2017 A North Carolina woman has commenced legal action against Anheuser-Busch, LLC (“Anheuser-Busch”) and its North Carolina distributor, R.A. Jeffreys Distributing Company (“R.A. Jeffreys”), in connection with Anheuser-Busch’s “Natty Rewards” promotional contest and “Every Natty Has a Story” marketing campaign. How can well-drafted contest rules help protect sweepstakes and contest sponsors?

March 22, 2017 Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in violation of federal law.  The FTC alleged that the defendant corporations (all related) and their respective principal “paid affiliate marketers to…

March 21, 2017 Mississippi became the first state to enact fantasy sports legislation in 2017 when Governor Phil Bryant signed HB 967 into law last week.  The law is set to go into effect on July 1, 2017, though the State will start accepting applications for licensure immediately. What are some of the key components…

March 17, 2017 Last month, a federal district court held that alleged violators of Michigan’s Video Rental Privacy Act (the “VRPA”) cannot seek shelter under the United States Supreme Court’s Spokeo, Inc. v. Robins ruling.  The Court also ruled that certain customers are still entitled to recover substantial statutory damages for VRPA violations, despite legislative amendments…

March 16, 2017 This Monday, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the defendants’ telemarketing practices, reinforcing the importance of consulting with an experienced telemarketing lawyer before launching any telemarketing or text…

March 15, 2017 A State Senator in Texas recently introduced a new bill that would legalize fantasy sports contests and implement regulations governing their operation.  Fantasy sports lawyers understand that stakes for this bill are high as the statehouse meets only every two years, meaning that any unsuccessful efforts at passage would result in legalization…

March 14, 2017 The Federal Communications Commission (“FCC”) recently issued a Notice of Proposed Rulemaking and Notice of Inquiry involving the Telephone Consumer Protection Act (“TCPA”). The proposed rules would institute new caller ID processes aimed at facilitating the blocking of fraudulent robocalls.  In essence, the FCC’s proposed rules seek to make “spoofing” more difficult…

March 13, 2017 We are witnessing a spike in both federal and state unsolicited commercial email lawsuits across the country.  In particular, many suits have been filed in the Utah federal district courts by XMission, L.C. (“XMission”), a Utah-based Internet Service Provider, against advertisers, email marketers, and their respective affiliates, for alleged violations of the…

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