On January 16, 2024, the Federal Trade Commission (“FTC”) will hold a virtual informal hearing on proposed amendments to its current automatic renewal rules. Many businesses will be paying close attention to one proposal in particular: the addition of a “click to cancel” provision, requiring sellers to make it as easy for consumers to cancel …
In September 2022, Mr. Eitan Barr filed a lawsuit on behalf of himself and other similarly situated individuals against Macys.com, LLC, (“Macy’s”) in the Southern District of New York. The Complaint alleged that the sending of a single text message violated the Telephone Consumer Protection Act (“TCPA”) and the Florida Telephone Solicitation Act (“FTSA”) because …
How Many Days After “STOP” is a Subsequent Text a TCPA or FTSA Violation? Read More »
By now, readers of our blog are familiar with the topic of website accessibility and compliance with the Americans with Disabilities Act (“ADA”). Recently, thousands of lawsuits have been filed in federal courts alleging that company websites are not accessible to the visually or hearing-impaired, in violation of Title III of the ADA, which prohibits …
Let it be known: Temu will use all legal means necessary to protect its trademark rights. Since its stateside launch last September, Temu has already filed nine federal lawsuits for alleged trademark infringement. For the unfamiliar, Temu offers discounted products, in large part, by shipping them from China directly to consumers. Approximately four months after …
On November 15, 2023, the Federal Communications Commission (“FCC”) voted in favor of undertaking a formal inquiry to evaluate the impact that artificial intelligence (“AI”) technology will have on Telephone Consumer Protection Act (“TCPA”) litigation and illegal robocalls. As readers of this blog know, the word “robocall” does not have a universally accepted definition, with …
On August 8, 2023, PENN Entertainment (“PENN”) and ESPN announced a groundbreaking sports gambling licensing arrangement. In exchange for $1.5 billion cash and additional stock warrants, ESPN will grant PENN the exclusive right to use ESPN’s trademark for its United States sports gambling operation. The arrangement will last ten years, with an option to extend …
In late August, DraftKings was fined $94,440 in Maryland for allegedly advertising to underage fantasy sports players. A little over one month later, PointsBet was fined $25,000 in New Jersey for undisclosed gambling advertising violations. It is admittedly difficult for gambling advertising companies to manage compliance with numerous and differing regulations across state lines. However, …
As readers of this blog will recall, numerous federal agencies announced a crackdown on the marketing industry, specifically with respect to Telephone Consumer Protection Act (“TCPA”) compliance, in July of this year. On November 1, 2023, the Office of the Comptroller of the Currency (“OCC”) became the latest agency to join in the campaign by …
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