May 2016

Caribou Coffee Wakes Up to TCPA Class Action

May 10, 2016 A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so.  The […]

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Two Plaintiffs Voluntarily Withdraw from NYC Marathon Sweepstakes Lawsuit

May 9, 2016 This January, we reported on a proposed class action sweepstakes lawsuit filed on behalf of all runners who entered the New York City Marathon’s (“Marathon”) general entry drawing (“Drawing”) between 2010 and 2015.  Last month, two of the named plaintiffs voluntarily withdrew their claims against the Marathon’s organizer and operator – New

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FTC Clamps Down on Nationwide Deceptive Marketing Campaign

May 5, 2016 Last week, the Federal Trade Commission (“FTC”) filed suit against several related companies in connection with a nationwide campaign of deceptive magazine and newspaper marketing and solicitation practices. What are the nature of the allegations that the FTC has made in its deceptive marketing lawsuit?

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Quaker Oats Faces False Advertising Class Action

May 3, 2016 Last week, two putative class action complaints were filed in the United States District Court for the Eastern District of New York and the Northern District of California, respectively, alleging that the Quaker Oats Company, as well as its parent company PepsiCo, Inc. (collectively, “Quaker Oats”), falsely advertise Quaker Oats brand oat

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Trump’s Campaign Hit with TCPA Lawsuits for Text Message Marketing

May 3, 2016 Last week, two separate class action complaints were filed in a Chicago federal court against Donald Trump’s official campaign committee: Donald J. Trump for President, Inc. (“Trump for President”).  Both lawsuits claim that Trump for President’s text message marketing practices violated the Telephone Consumer Protection Act (“TCPA”). How does the TCPA create

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Amazon’s Liability For In-App Buys Weighs In FTC’s Favor

April 29, 2016 A federal judge on Tuesday sided with the Federal Trade Commission in finding Amazon liable for charging many customers for unauthorized in-app purchases made by their children, providing a significant boost to the commission’s ability to police data collection and privacy practices that it deems to be unfair. In his ruling, U.S.

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Tennessee’s New Fantasy Sports Regulations Are Most Comprehensive To Date

May 2, 2015 Last week, Tennessee Governor Bill Haslam signed into law a new fantasy sports regulatory framework governing fantasy sports contests and its operators.  The breadth of the new law promises to usher in the most comprehensive regulatory regime that the fantasy sports industry has seen to date. What are some key provisions of

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