March 2014

Online Fantasy Sports Providers Do Battle

We have previously focused on several legal aspects of online fantasy sports, ranging from fantasy sports insurance to the legality of daily fantasy sports tournaments.  We have also written extensively on the efforts of several states to legalize fantasy sports within their borders and how to avoid regulatory penalties associated with fantasy sports.  A new

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The Judgment is In: Overstock.com Comes Up Empty

As we previously reported, the online merchant Overstock.com, Inc.  (“Overstock”) was sued several years ago in the Superior Court of the State of California by district attorneys from numerous California counties.  On January 3, 2014, the Court issued a tentative ruling and proposed statement of decision, finding that Overstock made untrue and misleading comparative advertising

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Beware When Using Telemarketing Lead Generators

Home security and telemarketing company Versatile Marketing Solutions, Inc. (“VMS”) recently entered into a $3.4 million settlement agreement with the Federal Trade Commission (“FTC”) to resolve a complaint filed against it in the United States District Court for the District of Massachusetts alleging violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act.  Pursuant

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tcpa

What To Do When You Are Served With a TCPA Class Action Lawsuit

The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years.  The October 16, 2013 Amendments and the often liberal interpretation of the TCPA by Courts and the Federal Communications Commission (“FCC”) has further emboldened TCPA class action plaintiffs.

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FTC Awarded Full Amount of Net Sales in False Advertising Lawsuit

On February 19, 2014, a judge for the United States District Court for the Northern District of California held that Wellness Support Network, Inc. (“WSN”) had violated Sections 5(a) and 12 of the Federal Trade Commission Act (the “FTC Act”), and awarded the Federal Trade Commission (“FTC”) the full amount of net sales WSN made

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