January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry. Most of the defendants in the two robocall lawsuits have agreed to court orders […]
FTC Announces Settlement of Two Big Robocall Lawsuits Read More »
January 13, 2017 This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida. The bill proposes enacting the Fantasy Contest Amusement Act, intended to address fantasy sports contest-related consumer protection issues, with oversight responsibility to be vested
Florida Fantasy Sports Regulations Coming Soon? Read More »
December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations. As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use. Diligent enforcement practices not only protect trademark assets, but
January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement. The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional
FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer Read More »
January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the
Court Finds “Nuisance” to be Concrete Injury under the TCPA Read More »
January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that global online manufacturing marketplace MFG.com (“MFG”) satisfied its insurance policy’s notice requirement in connection with multiple fax TCPA lawsuits. How can marketers minimize their risk of TCPA liability?
Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability Read More »
January 4, 2017 This week, regulations governing fantasy sports contests in the State of Maryland went into effect. The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the Office of the Comptroller with authority to enforce various consumer protection rules aimed at establishing basic rules to ensure
Maryland Fantasy Sports Regulations Take Effect Read More »
December 21, 2016 This week, the Second Circuit Court of Appeals reversed a district court ruling that had dismissed GameStop Corp. (“GameStop”) and Webloyalty.com, Inc. (“Webloyalty”), an online discount savings website, from a class action lawsuit arising from allegations of deceptive trade practices. What were the business practices that landed GameStop and Webloyalty in hot
Appeals Court Revives GameStop Deceptive Trade Practices Lawsuit Read More »