January 2016

FTC Brings Deceptive Advertising Lawsuit Against DeVry University

January 29, 2016 This week, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court for the Central District of California alleging acts of deceptive advertising against DeVry Education Group Inc., the operator of DeVry University (“DeVry”). What is the nature of the FTC’s allegations?  

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Yahoo Continues Fight Over Definition of Autodialer

January 27, 2016 On January 22, 2016, Yahoo!, Inc. (“Yahoo”) once again moved for summary judgment in the Telephone Consumer Protection Act (“TCPA”) class action case entitled Dominguez v. Yahoo!, Inc., currently pending in the United States District Court for the Eastern District of Pennsylvania. Yahoo makes its motion following an earlier decision by the

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U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit

January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment

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FCC: No Guaranteed TCPA Exemption for Text Broadcasters

January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?

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Florida and Washington Poised to Join the Rush to Regulate Fantasy Sports?

January 14, 2016 Florida has cleared a key procedural hurdle in the State’s quest to legalize and regulate fantasy sports contests and their operators. Earlier this week, a Florida House subcommittee, the Business & Professions Subcommittee, passed a bill that would explicitly legalize fantasy sports contests under Florida state law, containing a regulatory framework that

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