December 2013

The Importance of Website Terms and Conditions

Any business or other entity that operates a website should take the time to draft a set of terms and conditions (“Terms and Conditions”) that will govern the relationship between end-users and the subject website operator in connection with the website and its various offerings. Website Terms and Conditions are essential in, among other things, […]

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payday lending

New York Expands Payday Lending Industry Investigation to Focus on Marketers

As we previously blogged and in light of of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo has increased enforcement efforts against payday lenders and recently widened the net of potential defendants to include marketers of payday

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List of Payday Marketers Subpoenaed

Below is a list of the 16 lead generation companies to which subpoenas were issued. The subpoenas are demanding a wide range of materials as part of Governor Cuomo’s ongoing investigation, including marketing materials, contracts for sales of consumer information and privacy policies. Allied Cash Advance Bahamas Marketing Group, Inc. Blue Global, LLC d/b/a 100DayLoans,

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Faxes May Violate TCPA Even When Requested by Consumers

Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages.  However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier.  In fact, last week a consumer class action lawsuit was filed in a

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