On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way for legalized sports betting across the United States and created an associated need for gambling advertising. In the years since […]
Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the dismissal stage of litigation proceedings. In Nienaber v. Overlake Hosp. Med. Ctr., 2024 WL 2133709 (W.D. Wsh. May 13, 2024), plaintiff alleged that defendant,
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Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC (“Sharman”), Plaintiff sought to certify a
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Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff’s FTSA lawsuit on the grounds that Plaintiff failed to plead actual damages
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On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme Court’s landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to restrict certain telemarketing practices, including
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On April 11, 2024, New York Senator Joe Addabbo introduced a bill proposing major changes to New York’s fantasy sports law. S9044 seeks to alter the landscape of fantasy sports contests in New York in several ways. As our readers are aware, last October, the New York State Gaming Commission (the “Commission”) adopted New York
New York Senator Introduces Novel Fantasy Sports Law Amendments Read More »
Federal Data Privacy Bill Introduced with Bipartisan Support Online marketers may be on the verge of finally obtaining a single, unified federal framework for consumer data privacy regulation. In April, a bipartisan coalition, with sponsors in both houses of Congress, introduced a draft of the American Privacy Rights Act (“APRA”), a proposed federal data privacy
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Sweepstakes promotions can be valuable tools for businesses seeking to attract new customers. Unlike static ads, newsletter sign-ups and other basic website registration forms, sweepstakes incentivize consumers to provide their information to businesses by offering entrants the chance to win prizes. As noted, sweepstakes can be a viable means for building a customer database. However,
Why You Need A Privacy Policy for Your Sweepstakes Promotion Read More »
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