February 16, 2017 Last week, Vermont Vapor, Inc. (“Vermont Vapor”) announced that the Vermont Attorney General’s Office is seeking $50,000 in penalties in connection with Vermont Vapor’s e-cig marketing practices. How can e-cig manufacturers and related marketing affiliates avoid problems with regulators?

February 16, 2017 The Mississippi State House of Representatives recently passed a bill that would implement fantasy sports regulations.  The bill will now head to the State Senate for debate and a vote on the measure. What are some of the key components of Mississippi’s proposed fantasy sports regulations?

February 15, 2017 Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a brewery lawyer throughout the application and brewery planning process. How can a brewery lawyer help keep craft breweries on…

February 13, 2017 On February 6, 2017, the Federal Trade Commission (“FTC”) announced that it, along with the New Jersey State Attorney General, has reached a $2.2 million consumer privacy settlement with VIZIO, Inc. (“VIZIO”), one of the world’s largest manufacturers of Internet-connected “smart” televisions.  According to the underlying complaint, in 2014 VIZIO began manufacturing…

February 7, 2017 A recent Spokeo-based challenge to a plaintiff’s standing in a Telephone Consumer Protection Act (“TCPA”) lawsuit was denied by a federal court in the Northern District of Illinois.  With the denial of the motion to dismiss, the TCPA lawsuit, which involves allegations that a debt collector’s use of an automatic telephone dialing…

February 6, 2017 Last month, an Ohio federal district court refused to dismiss a putative class action lawsuit filed against Foot Levelers, Inc. (“Foot Levelers”) concerning the orthotics maker’s sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes. How can a…

February 3, 2017 The Office of the Attorney General for the State of New York (“NYAG”) has filed a consumer fraud complaint against Charter Communications, Inc. and Spectrum Management Holding Company, LLC (“Spectrum”) for deceptive practices in connection with its wireless Internet services.  The suit seeks, among other relief, disgorgement, restitution on behalf of consumers,…

February 2, 2017 On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”).  According to the FTC’s complaint, iSpring, a company that sells water filtration systems and parts, falsely claimed and marketed that its products are “built in USA.”  In fact, according to the FTC,…

February 1, 2017 Last week, Arizona State resident Lukeroy Rose became the first person to plead guilty to an alleged criminal violation of a recently amended Arizona telemarketing law. How can telemarketers and text message marketers stay legally compliant in Arizona?

January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims.  Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were…

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