July 2016

Twitter Deemed “Maker” of Text Tweets Under the TCPA

July 11, 2016 In a surprisingly whimsical decision that paid homage to a retiring magistrate judge and poked fun at Ayesha Curry, the United States District Court for the Northern District of California held that Twitter, Inc. (“Twitter”) is the “maker” of unwanted text messages containing tweets within the meaning of the Telephone Consumer Protection […]

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As of July 1, 2016, Fantasy Sports Regulatory Regimes Take Hold Nationwide

July 7, 2016 Last week, new fantasy sports laws became effective in both Tennessee and Virginia.  Accordingly, as of July 1, any fantasy sports contest operator who has failed to register or otherwise apply for licensure in accordance with the newly operative laws in those states is likely to be operating in violation of each

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Unwanted Phone Calls Cause Concrete Harm Under TCPA

July 7, 2016 On June 30, 2016, the United States District Court for the Northern District of West Virginia issued an order in a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), denying a motion to dismiss filed by Got Warranty, Inc. and its principal, as well as co-defendants N.C.W.C., Inc. and

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NYC Learning Center Settles NYAG Deceptive Advertising Investigation

July 5, 2016 This week, the office for New York Attorney General Eric Schneiderman (the “AG”) announced a settlement with test prep company Xpeed Learning Academy (“Xpeed”) in connection with its investigation into claims of deceptive advertising.  As part of the settlement, Xpeed will refund consumers $60,000, cease its deceptive advertising, and make changes to

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TCPA Class Certification Sought in Junk Fax Action

July 1, 2016 Plaintiffs in the junk fax class action pending against Sanofi Pasteur, Inc. and Vaxserve, Inc. (collectively, “Defendants”) filed a motion seeking class certification on Tuesday.  The class action concerns over 11 million fax advertisements sent on behalf of Defendants to individuals and companies advertising Defendants’ pharmaceutical products.  The motion follows at least

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