May 2015

FTC Sues Company, Officers for Dietary Supplement Marketing

May 19, 2015 On May 5, 2015, the Federal Trade Commission (the “FTC” or “Commission”) filed a federal lawsuit in California against Lunada Biomedical, Inc. (“Lunada”) – marketer of the dietary supplement Amberen – and the business’ CEO, CFO and CMO (Chief Marketing Officer). As announced earlier this month, the Commission has accused the defendants

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David Klein Discusses New York Poker Bill with GamblingCompliance

New York Poker Bill Drops Bad Actor Clause State Senator John Bonacic has reintroduced a bill to authorize online poker in the Empire State, but dropped a “bad actor” clause that would have prevented PokerStars from applying for one of ten available licenses. Senator Bonacic’s bill would authorize the New York State Gaming Commission to

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David Klein Talks Fantasy Stock-Trading Games with Yahoo! Finance

Will regulators sideline fantasy stock-trading games? Regulators seem to be imposing a harsh new reality on fantasy stock-trading upstarts. Stock Battle – one of the first to allow real-money stock-picking games modeled on daily fantasy sports services – received a cease-and-desist letter from the Securities and Exchange Commission, Yahoo Finance has learned. According to an email

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Sprint Compels Arbitration in TCPA Class Action

May 14, 2015n On Monday of this week, the United States Court of Appeals for the Seventh Circuit held that a putative class action complaint filed against Sprint alleging that it had violated the Telephone Consumer Protection Act (“TCPA”) must be submitted to arbitration. The appellate court overturned a prior ruling of the district court

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Roofing Company Held Liable for Unsolicited Fax Ads under the TCPA

May 13, 2015 The United States District Court for the District of New Jersey recently held a roofing company liable for a third-party advertiser’s violations of the Telephone Consumer Protection Act (“TCPA”) to the tune of $22,405,000.00. The TCPA class action, which has been pending for over three years, concerns fax advertisements sent by Business

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