April 2014

Summary of the Newly Proposed E-Cig Regulations

Amidst New York City, Chicago and Los Angeles implementing citywide indoor bans on e-cigs, the Food and Drug Administration (FDA) released its proposed e-cig regulations last week, more than a year after their originally scheduled release date.  In this post, we will provide a broad summary of the much-anticipated e-cig regulations. New E-Cig Regulations Currently, […]

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Burger King Can’t Have it Its Way: TCPA Class Action Continues

  The United States District Court for the District of Maryland recently refused to dismiss a putative Telephone Consumer Protection Act (“TCPA”) class action filed against Burger King Corp. (“Burger King”), for allegedly sending thousands of unauthorized facsimile messages advertising its food delivery services. Plaintiff, a realty corporation, argued that Burger King had violated the

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tcpa

Help! I Was Named Personally in a TCPA Lawsuit

What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing

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FTC Reminds WhatsApp That It Must Stand By Privacy Policy Promises After Facebook Acquisition

Earlier this month, the Director of the Federal Trade Commission’s Bureau of Consumer Protection (“FTC”) sent a joint letter to Facebook, Inc. (“Facebook””) and WhatsApp Inc. (“WhatsApp”) in anticipation of Facebook’s acquisition of WhatsApp, an instant messaging service with hundreds of millions of users worldwide.  While hailing WhatsApp’s Privacy Policy, the FTC reminded WhatsApp and

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Affiliate Marketing Agreements: Don’t Get Stuck in the Middle

Operating an affiliate marketing network can be an effective means of leveraging the marketing capacity of thousands of web venues and marketers without actually incurring the expense of establishing those venues and hiring those marketers, as applicable. Importantly, well drafted affiliate marketing agreements with the affiliates and advertisers participating in your network can also greatly

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TCPA Class Action Against Caribbean Cruise Lines Sails On

The United States District Court for the Western District of Michigan recently denied a motion filed by Caribbean Cruise Lines, Inc. (“Caribbean”) to dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (the “TCPA”) and Michigan law. The Court granted the motion to dismiss for lack of personal jurisdiction filed by

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Internet Poker May Soon Be Legal in New York

Many of our readers are aware that several states, including Illinois, Iowa, California and Texas,have previously introduced legislation to legalize some form of Internet gambling within their respective states.  New York also considered legalizing Internet poker within its borders last year, but the bill failed to gain traction in the State Legislature.  Despite the apparent setback, the

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