February 25, 2016 In the fall of 2015, Congress quietly slipped a provision into a budget bill that directed the Federal Communications Commission (“FCC”) to adopt implementing regulations for a proposed exemption to the Telephone Consumer Protection Act (“TCPA”). Last week, a draft rule was circulated to the full FCC which aims to protect certain […]
Is a Carve Out to the TCPA in the Works? Read More »
February 24, 2016 Earlier this month, payment processor Capital Payments, LLC n/k/a Bluefin Payment Systems LLC (“Bluefin”) agreed to pay $750,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit involving alleged violations of the FTC’s Telemarketing Sales Rule. How do telemarketing regulations affect payment processors and ISOs?
Telemarketing Payment Processor Settles FTC Lawsuit for $750K Read More »
February 11, 2016 Mobile App Operators Need to Obtain Consent and Ensure Proper Protections Are In Place One of the most useful features of mobile applications (or “mobile apps”), from both a consumer and mobile app operator standpoint, is the fact that mobile apps are, as the name implies, mobile. That is, the mobile apps
Mobile App Geolocation Tracking and Location-Based Services Read More »
February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar
Class Certification Sought in TCPA Lawsuit Against Bebe Read More »
February 9, 2016 Last Wednesday, TTNA, Inc. (“TTNA”), owner of the Baby Dolls Saloon strip clubs in Texas, filed a federal trademark infringement lawsuit against New York-based Baby Dolls Cabaret Ltd. (“Baby Dolls Cabaret”). Can TTNA strip Baby Dolls Cabaret of its name (and profits)?
Strip Club Shows Off Assets in Trademark Infringement Lawsuit Read More »
February 3, 2016 A recent case decided by the United States Court of Appeals for the Sixth Circuit should serve as a reminder to alarm companies nationwide of the importance that properly drafted contracts play in operating an alarm business. Following a burglary at a jewelry store to which ADT Security Services, Inc. (“ADT”) did
The Importance of Properly Drafted Alarm Contracts Read More »
February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to
Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions Read More »
February 1, 2016 On January 26, 2016, a putative class action lawsuit was filed against Victoria’s Secret Stores, LLC (“Victoria’s Secret”), alleging that the clothing retailer violated the Telephone Consumer Protection Act (“TCPA”). The suit was originally filed in the Central District of California, but has since been re-assigned to the Southern District of California.
Victoria’s Secret Exposed in TCPA Class Action Suit Read More »