In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to pay to enter is removed, …
Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held that the subject faxes, while …
An Ad or not an Ad: NY Weighs in on TCPA Surveys Read More »
This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law. Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York is taking a somewhat novel …
Agreement Reached to Enact NY Sports Gambling Law Read More »
In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”) released its report on the …
Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there. One critical element is the plaintiff’s standing – specifically, whether the plaintiff suffered harm resulting from the defendant’s conduct. The Eleventh Circuit (federal courts in Florida, …
Be Specific: TCPA Standing in the Eleventh Circuit Read More »
Businesses often employ sweepstakes promotions as a marketing vehicle to promote their goods and services. Sweepstakes can also constitute the business itself, e.g., Publishers Clearing House. When done well, sweepstakes can become cultural phenomena, such as the McDonald’s Monopoly sweepstakes promotion. Alternatively, when done poorly, sweepstakes can have adverse business consequences and cause marketing teams …
Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element Read More »
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have …
BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case Read More »
On March 25, 2021, the Federal Trade Commission (“FTC”) announced that it will pay approximately $6.5 million to more than 500,000 consumers who were affected by online fashion retailer Fashion Nova Inc.’s (“Fashion Nova”) alleged violations of the FTC’s mail order rule (“Mail Order Rule”). Under the terms of the FTC’s settlement with Fashion Nova, …
FTC to Pay Consumers for Retailer’s Alleged Mail Order Rule Violations Read More »
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