May 2015

Verizon and Sprint to Pay In Excess of $200 Million for Cramming

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May 12, 2015 This week, federal regulators announced a series of high profile settlements concerning alleged cramming activities from some of the nation’s largest wireless carriers. The Federal Communications Commission announced that Verizon Wireless has agreed to pay $90 million and Sprint Corp. (“Sprint”) has agreed to pay $68 million in settlement of investigations initiated […]

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The NBA Further Explores Sports Betting Options

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May 11, 2015 In November of 2014, NBA Commissioner Adam Silver penned a noteworthy Op-Ed piece in the New York Times calling for the adoption of consistent, uniform, federal regulations that would legalize sports gambling. The position advocated in the Op-Ed was noteworthy because, historically, the NBA has been at the forefront in challenging attempts

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Could Texas’ Alamo Trademark Battle Affect Shiner Beer?

37 Comments / Journal, Trademark & Copyright Law /

May 8, 2015 Last Thursday, Alamo Beer Company, LLC (“Alamo Beer”), Old 300 Brewing, LLC d/b/a Texian Brewing Co. (“Texian”) and the State of Texas settled an historical trademark dispute. The lawsuit, which began as a quarrel between two Texas breweries using the silhouette of the Alamo in their marketing materials, took an unexpected turn

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Human Intervention Defeats TCPA ATDS Claim

2 Comments / Blog, Journal, Telemarketing Law /

May 7, 2015 While federal courts throughout the country continue to struggle with the question of what constitutes an automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”), one federal court has recently provided clarity. In McKenna v. Whispertext, the United States District Court for the Northern District of

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Update on Fantasy Sports Legalization across the USA

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May 6, 2015 We have been chronicling the recent developments in Kansas regarding the State’s efforts to legalize fantasy sports contests, including the introduction of a bill to legalize pay-to-play fantasy sports, as well as the recent legal opinion issued by the State Attorney General concerning the constitutionality of fantasy sports in Kansas. Now, on

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FCC Issues Robocall Citations to Three Companies

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May 6, 2015 This week, the Federal Communications Commission (“FCC”) issued citations to Call-Em-All, LLC, Ifonoclast, Inc. d/b/a Phonevite, and M.J. Ross Group, Inc. d/b/a PoliticalRobocalls.com regarding the companies’ respective use of autodialers and/or artificial or prerecorded messages in connection with calls placed to cellular telephones. The citations follow a two year investigation into the

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FTC Pursues Marketers of Weight-Loss Supplements

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May 5, 2015 Yesterday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has obtained a temporary restraining order from a federal court in California against a number of advertisers, marketers and distributors of weight-loss supplements – both individually and on behalf of their respective businesses. The Commission’s complaint alleges that the defendants

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