June 2015

TCPA Does Not Apply to Informational Faxes

June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides […]

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NJ Bill Would Offer Amusement Game Licenses to Certain Alcoholic Beverage Licensees

June 19, 2015 This Monday, the Assembly Regulatory Oversight Committee for the State of New Jersey (the “Committee”) reported favorably on Bill A4143, which would permit holders of certain alcoholic beverage licenses to also receive amusement game licenses. If enacted, the legislation will replace a provision of the Amusement Games Licensing Law (N.J.A.C.13:3-1.7) that currently

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FTC To Issue Refund Checks to Victims of Alleged Pyramid Scheme

June 17, 2015 This week, the Federal Trade Commission (“FTC”) announced that it will begin mailing out over 50,000 checks that will total approximately $1.9 million as redress for consumers victimized by a Ponzi scheme operated by BurnLounge, Inc. (“BurnLounge”).   The announcement comes nearly a year after the FTC prevailed on an appeal that ultimately

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FCC and NYAG Warn PayPal: That’s Not TCPA Consent

June 16, 2015 The hits just keep on coming for PayPal, Inc. (“PayPal”). Last Thursday, two days after PayPal and eBay, Inc. (“eBay”) received a list of demands from the New York Attorney General’s office (the “NYAG”), the Federal Communications Commission (the “FCC” or “Commission”) delivered a letter to PayPal, rejecting the company’s attempt at

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KMT’s David Klein Considers Pennsylvania’s New Online Gambling Bill

Odds improve for online gaming June 14, 2015 Regulate or delegate — that’s the question facing Pennsylvania legislators as bills to legalize online gambling gain traction. A new bill in the state Senate — SB 900, allows the state, among other things, to license operators to conduct Internet gaming. It’s a practice many say goes on illegally

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Nevada Paves Way for Legal Sports Gambling By Out-of-State Residents?

June 12, 2015 Last week, the Governor of Nevada signed into law a bill that will ostensibly provide out-of-state residents with unprecedented access to Nevada’s sports books. The law allows for the formation and registration of business entities, likened to traditional mutual funds, to place race and sports pool wagers. Notably, the sports gambling law

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NYAG Questions Robocall Consent Language in eBay, PayPal User Agreements

June 12, 2015 This Tuesday, Ms. Kathleen McGee, Internet Bureau Chief for the New York Attorney General’s Office, scrutinized the recently revised User Agreements of eBay, Inc. (“eBay”) and PayPal, Inc. (“PayPal”), respectively. Specifically, the NYAG has questioned certain robocall consent provisions contained in these agreements, which purportedly authorize the sending of autodialed and/or prerecorded

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Court Rules AOL Not Liable Under the TCPA

June 11, 2015 On June 1, the United States District Court for the Northern District of California dismissed an action filed against AOL, Inc. (“AOL”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The Court ruled that AOL’s Instant Messenger service, which allows users to send text messages, is not an automated telephone

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