The case of Physicians Healthsource, Inc. v. Stryker Sales Corp., et al., currently pending in the United States District Court for the Western District of Michigan, has presented very fundamental questions that go to the heart of Telephone Consumer Protection Act (“TCPA”) class actions. The underlying facts of the case are fairly straight forward. The […]
Multiple Questions Could Derail TCPA Class Actions Read More »
On August 22, 2013, the United States Court of Appeals for the Third Circuit ruled that consumers may revoke consent to receive automated dialer telephone calls on their mobile phones pursuant to the Telephone Consumer Protection Act (“TCPA”). The decision marks the first time that a federal appellate court has ruled that consumers may revoke
Consumers May Revoke TCPA Consent Read More »
As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Jesta Digital, LLC, better known as Jamster, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws. “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill – in the
Jamster Settles FTC Cramming Lawsuit for More than $1 Million Read More »
Earlier this year, a putative class action under the Telephone Consumer Protection Act (“TCPA”) was dismissed by a New York federal court on the grounds that state courts “unequivocally” have exclusive jurisdiction over TCPA private actions. The court held that New York State law, specifically § 901(b) of the New York Civil Practice Law and
While it might seem like a minor point in what can otherwise be more substantive negotiations at the outset of any joint venture, marketing partnership or other business opportunity, it is essential that you insist on using your own contract form when you are ready to memorialize the relationship. It is not uncommon for both
Why Using Your Own Contracts Is a Must Read More »
While we have been closely following the progress of the Food and Drug Administration’s (“FDA”) federal e-cig regulations, we have also kept our readers up to date with state-specific e-cig regulations. The most recent news comes from New York City, which may soon be highly regulating or even banning flavored e-cigs throughout much of the
New York City Set to Ban E-Cigs? Read More »
On the heels of the release of the Digital Advertising Alliance’s self-regulatory guidelines for the mobile app industry, the National Telecommunications and Information Administration (“NTIA”) recently published a draft Short Form Notice Code of Conduct to Promote Transparency in Mobile App Practices (“Mobile App Code of Conduct”). The Mobile App Code of Conduct provides guidance
Voluntary Mobile App Code of Conduct Draft Issued Governing Privacy Notices Read More »
New York State Taking Action Against Payday Lenders Following close on the heels of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo’s office issued cease and
New York State Shutting Down Payday Lenders Read More »