February 11, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly in recent years, with several thousand cases filed in 2014. If your business contacts customers or potential customers via text, telephone or facsimile, or a third party does so on your company’s behalf, you are almost certainly on […]
Defending a TCPA Lawsuit: Do’s and Don’ts Read More »
February 10, 2015 In the case of Glauser v. GroupMe, Inc., the District Court for the Northern District of California recently rendered a decision on motion, the focal issue of which was determining whether GroupMe, Inc.’s (“GroupMe”) group mobile messaging application fit within the Telephone Consumer Protection Act’s (“TCPA”) definition of an autodialer. By way
Another Court Weighs in on TCPA Definition of Autodialer Read More »
February 6, 2015 This week, the U.S. Court of Appeals for the Fourth Circuit affirmed a judgment from the United States District Court for the District of Maryland dismissing a $600 million spam lawsuit brought under California’s and Maryland’s anti-spam statutes by Internet Service Provider, Beyond Systems, Inc. (“Beyond Systems”) against Kraft Foods, Inc. (“Kraft”)
Court Dismisses $600 Million Spam Lawsuit Against Kraft Foods Read More »
For many retailers and manufacturers hoping to boost product sales, consumer rebates can be an effective marketing vehicle. However, depending on the breadth of a given marketing initiative, state and federal rebate laws, rules and regulations can restrict the manner in which the rebate should be marketed and processed. As such, before launching a consumer
Rebate Laws: 4 Things That Every Marketer Should Know Read More »
February 5, 2015 The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a Federal Trade Commission (“FTC”) decision that POM Wonderful, LLC (“POM”) deceptively advertised its products’ ability to prevent, treat, or reduce the risk of certain diseases. The FTC had initially ruled that POM’s advertisements for POM Wonderful 100% Pomegranate
Court Affirms FTC’s Restriction on Health and Disease-Related Claims by POM Wonderful Read More »
February 4, 2015 New Jersey recently amended its “Do Not Call” statute, making it easier for telemarketers to place calls within the State. Previously, New Jersey’s Do Not Call law was both strict and specific, and written in such a way as to make most telemarketing calls to cell phones unlawful. However, last week Governor
New Jersey Relaxes Do Not Call Law Read More »
February 4, 2015 Iowa is one of a handful of states in which fantasy sports games played for real money are deemed illegal – due, in large part, to an overly broad anti-gambling law, and cautionary guidance from the Iowa Attorney General. Against this legal backdrop, Iowa State residents have been prohibited from participating in
Iowa Moves Closer to Legalizing Fantasy Sports Read More »
February 3, 2015 The Federal Trade Commission (“FTC”) has initiated what are its first ever actions against car title lenders. The FTC has alleged that First American Title Lending of Georgia, LLC and Finance Select, Inc. were engaged in deceptive marketing practices in connection with advertisements that touted “zero interest” car title loans. By way of
FTC Brings Deceptive Marketing Actions Against Providers of Car Title Loans Read More »