November 2013

TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

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In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing […]

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FTC Secures Multi-Million Dollar Judgment Against Business Opportunities Marketer

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In a settlement order filed on Monday in an Oregon federal court, the Federal Trade Commission (FTC) banned a company from using deceptive marketing practices in connection with offering consumers work-at-home business opportunities.  The company, Smart Tools LLC and its officers, Kristin Hegg and Curtis Dawn, agreed to pay a $7.4 million judgment for violating

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Putative TCPA Class Action Filed Against Tampa Bay Buccaneers

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On the heels of a victory in Florida federal court – the dismissal of a putative class action under the Telephone Consumer Protection Act (“TCPA”) – the company that operates the Tampa Bay Buccaneers was sued again for allegedly sending unsolicited “fax blasts” to market tickets to their football games. The class action complaint was

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Major Payday Lender Settles Lawsuit

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On November 20, 2013, the newly formed Consumer Financial Protection Bureau (“CFPB”) announced that it had fined payday lender Cash America International (“Cash America”) $5 million and entered into a consent order that compels Cash America pay an additional $14 million in refunds for overcharging customers (including military service members) and robo-signing documents in debt-collection

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Mobile Marketing Company Settles Cramming Allegations for $10+ Million

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As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Wise Media, LLC, and its officers individually, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  For those that are unfamiliar with the term, “cramming” is the act of placing unauthorized charges on

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Alleged Fake Malware Tech Support Defendant Settles with FTC

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After over a year of litigation against fourteen businesses and seventeen individuals, the Federal Trade Commission (“FTC”) recently entered into a settlement with one of the individual defendants in an alleged tech support scheme that targeted consumers with fake malware scams. According to the FTC, the alleged scheme involved telemarketers contacting consumers by phone, pretending

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Newest Federal Online Poker Bill Includes Mandatory Tax

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Currently there are several Online Poker bills pending before the United States Congress.  There is the bill introduced by Rep. Peter King (R-NY), which is limited to legalizing online poker and contains provisions allowing greater participation from state lotteries.  Another pending bill, sponsored by Rep. Joe Barton (R-TX), also only authorizes online poker, and not

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