August 21, 2017 This month, restaurant chain Hooters of America, LLC (“Hooters”) agreed to pay up to $1,420,150 to settle a Telephone Consumer Protection Act (“TCPA”) lawsuit filed in connection with its text message marketing practices. How does the TCPA create legal risks for businesses that deliver text messages?
Hooters Settles TCPA Lawsuit Read More »
August 17, 2017 Last month, the Federal Trade Commission (“FTC” or “Commission”) filed a negative option lawsuit in a Las Vegas federal district court against a tangled web of business entities and related individuals in connection with the defendants’ low-cost “trial” marketing practices. What should marketers know before offering free or low-cost trials?
FTC Hits Marketers with Negative Option Lawsuit Read More »
August 11, 2017 Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act (“ADA”) against Five Guys Enterprises LLC (“Five Guys”) concerning the fast casual restaurant chain’s website accessibility. What should you do if you’ve been sued for
Five Guys Grilled over ADA Website Accessibility Read More »
August 8, 2017 Maine recently joined the growing list of states (now 15) to legalize fantasy sports by enacting its own legislation that will expressly sanction and regulate fantasy sports contests and their operators within the State. What are some key provisions of Maine’s fantasy sports regulatory scheme?
Maine Enacts Operator-Friendly Fantasy Sports Legislation Read More »
August 7, 2017 DePaul University (“DePaul”) recently lost a Spokeo-based challenge to a Telephone Consumer Protection Act (“TCPA”) lawsuit. The denial, which comes at the very early stages of the TCPA lawsuit, will likely result in a potentially protracted litigation, which involves allegations of unsolicited text message marketing. How does the denial of the Spokeo-based
DePaul University Loses Spokeo-Based Challenge to TCPA Lawsuit Read More »
August 4, 2017 This Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced a new initiative to share consumer complaint-sourced telemarketer data with private businesses that develop call-blocking technology. How will the FTC’s recent move affect telemarketers?
The FTC’s Latest Bid to Blacklist Telemarketers Read More »
August 3, 2017 On July 26, 2017, the Federal Communications Commission (“FCC”) released a forfeiture order against telemarketing platform provider Dialing Services, LLC (“DS”). The forfeiture order imposes a $2,880,000.00 penalty for violations of the Telephone Consumer Protection Act (“TCPA”). The FCC has been investigating DS’s business model and practices dating back to 2012 and,
Platform Provider Hit with Huge TCPA-Based Forfeiture Order Read More »
July 28, 2017 Many business owners are familiar with Americans with Disabilities Act (“ADA”) requirements for physical structures, such as including wheelchair-accessible routes of travel in restaurants. However, it is less commonly known that the U.S. Department of Justice (“DOJ”) and class action plaintiffs’ attorneys have interpreted the ADA to apply to website accessibility as
Have You Been Threatened with an ADA Website Accessibility Lawsuit? Read More »