November 30, 2015 This month, the Federal Trade Commission (the “FTC” or “Commission”) made several revisions to the Do-Not-Call regulations contained in its Telemarketing Sales Rule (“TSR”), as well as additional amendments to its business-to-businesses exemption and oral verification recording requirements. How do these changes affect telemarketers?
FTC Amends TSR Do-Not-Call Regulations Read More »
November 24, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded over the past few years. Unfortunately, many marketing companies and advertisers wait until they are named in a complaint or receive a subpoena before working with a TCPA lawyer, under the mistaken belief that their marketing practices seem lawful,
November 23, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) amended its Telemarketing Sales Rule (“TSR”) regulations to, among other things, add new outbound and inbound telemarketing payment method prohibitions. Which payment methods did the Commission ban?
TSR Regulations to Ban Certain Telemarketing Payment Methods Read More »
November 20, 2015 On November 17, 2015, the United States District Court for the Central District of California dismissed a class action complaint filed against Microsoft Corporation (“Microsoft”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). The Court found that the plaintiff, as well as the proposed class members, knowingly released their contact information
Microsoft Wins Dismissal of TCPA Class Action Due to Consent Read More »
November 18, 2015 Earlier this fall, we reported on a class action lawsuit alleging that indoor cycling fitness company SoulCycle Inc. (“SoulCycle”) violated federal and state law by selling pre-purchased spinning classes with expiration dates ranging from 30 days to one year. Last weekend, in opposition to a motion to dismiss filed by SoulCycle, the lead
Is a Pre-Purchased SoulCylce Class a Gift Certificate? Read More »
November 17, 2015 On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil’s (“Cirque”) motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). Cirque argued that the class action, which was commenced
Cirque du Soleil Can’t Escape Junk Fax Class Action Read More »
November 16, 2015 Massachusetts Governor Charlie Baker has definitively come down on the side of fantasy sports. Last week, the Governor announced that to get a sense of what fantasy sports contests are all about, he participated in an online contest and believes the contests to be legal games of skill. What are the
Massachusetts Gov. Plays Fantasy Sports, Deems Contests Games of Skill Read More »
November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile
PharMerica Seeks Court Approval for TCPA Class Action Settlement Read More »
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