March 5, 2015 This Tuesday, Mr. Noah Duguid filed a class action lawsuit in California federal court against Facebook for allegedly sending automated text messages to mobile phone users without their prior express consent in violation of the Telephone Consumer Protection Act (“TCPA”). Mr. Duguid’s claim was initially brought in federal court in New York […]
Facebook Sued for Alleged TCPA Text Messaging Violations Read More »
March 5, 2015 On February 25, 2015, the parties to a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed a proposed settlement agreement which may require health club operator Life Time Fitness (“LTF”) to pay up to $15 million in damages. The settlement comes just 3 months after the plaintiffs’ class action lawsuit was
Life Time Fitness to Pay up to $15 Million to Settle TCPA Class Action Read More »
March 4, 2015 The Federal Trade Commission (“FTC”) has settled a complaint that it filed in June 2014 against several companies that, through unscrupulous telemarketing practices, allegedly swindled Spanish-speaking consumers across the country by sending unordered or defective products, including phony weight-loss belts, and subsequently making it difficult, impossible or extremely costly for the consumers
FTC Bans Companies from Future Telemarketing Read More »
March 3, 2015 Adventures in Sweepstakes Marketing There is often a tension between a given entity’s desire to market a sweepstakes in a manner that maximizes the appeal of the promotion, and the marketing restrictions imposed by applicable law and/or the rules of the media used to promote the contest. For example, as discussed on
Sweepstakes Marketing: Don’t Be the Odd Man Out Read More »
March 2, 2015 On February 18, 2015, the Federal Trade Commission (“FTC”) filed a complaint against Payday Support Center LLC and related entities (“PSC”), alleging that the debt relief companies have made untrue claims related to the services they offer. PSC ran advertisements on the Internet, radio, television and in print, promising consumers that its
FTC Sues Debt Relief Business for False Advertising Read More »
February 26, 2015 Lenovo, Inc. (“Lenovo”) has been named in a federal class action suit in connection with recent revelations that many of the PC manufacturer’s computers have been preloaded with a software program called Superfish Visual Discovery. This program tracks web searches and browsing activity in order to place additional advertisements on the websites
World’s Largest PC Manufacturer Sued for Preloading Adware on Computers Read More »
February 24, 2015 Earlier this month, the Federal Trade Commission (“FTC” or “Commission”) entered into a settlement agreement with Ms. Crystal Ewing requiring that she pay $9.5 million for the marketing and operation of deceptive sweepstakes promotions. Additionally, Ewing has agreed to a permanent ban from all direct mail marketing in the future. Not Her
$9.5 Million Penalty, Lifetime Ban for Deceptive Sweepstakes Promotion Read More »
February 23, 2015 After suffering a loss in New York State federal court, Sirius XM Radio, Inc. (“Sirius”) has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ruling issued by the United State District Court for the Southern District of New York in favor of recording
New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal Read More »