More and more businesses are engaging potential customers via telemarketing. With this comes the growing risk of contacting consumers who have not provided proper TCPA consent. The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. A business that violates TCPA regulations faces fines of up […]
A Primer on TCPA Consent Language Read More »
A handful of states are cracking down on the use of consumer personal data by creating and enforcing strict data privacy laws. The most recent action concerns privacy laws in the State of Colorado. For some months now, the State has been working to produce draft rules governing the collection, use, and dissemination of consumer
More Revisions to the Draft Rules of the Colorado Privacy Act Read More »
The Federal Trade Commission (“FTC”) will refund over $973,000 to consumers who were enrolled in continuity plans with NutraClick, LLC (“NutraClick”). The settlement fund comes from $1.04 million that NutraClick agreed to pay to settle a lawsuit brought by the FTC. In the lawsuit, the FTC alleged that NutraClick violated federal law by misleading consumers
NutraClick Penalized $1.04 Million for Continuity Plan Law Violations Read More »
Influencer marketing is a form of social media marketing involving endorsements and product placement provided by influencers — people and organizations who have a purported expert level of knowledge or social influence in their field. To put it simply, companies hire individuals with a large social media following to promote products/services through their personal accounts.
Influencer Marketing 101: The Basics Read More »
As readers of this blog know, the Telephone Consumer Protection Act (“TCPA”) was originally passed into law in 1991. At the time, cell phones were rare and text messaging did not yet exist. With the widespread use of cell phones and the ability to send text messages, the number of TCPA-related cases exploded. Each year,
TCPA Lawsuits Continue into 2023 Read More »
The marketing industry continues to generate interest in various brands, products, and services by offering unique and engaging sweepstakes promotions. Companies design contests to reach all kinds of consumers, including music aficionados. Take the new Dire Straits sweepstakes: the band is giving away multiple copies of its soon-to-be released digitally remastered, “Money for Nothing” album
Sweepstakes Law: Money for Nothing, Album for Free? Read More »
Over the past several years, consumer spending on subscription services has reached an all-time high. To further regulate the industry, California made significant changes to its Automatic Renewal Law (“ARL”). The ARL imposes substantial information, notice, and consent requirements on businesses that offer continuous service plans to California consumers. The most recent amendment became law
Compliance with California’s Continuity Laws Read More »
Just one year ago, online sports betting launched in New York State. Throughout 2022, New York set sports gambling tax revenue records, outperforming every other state in the Nation. According to Governor Kathy Hochul, New York generated an unprecedented $73 million in mobile sports wagering tax revenue during the month of September, 2022 alone. Furthermore,
New York Gambling Advertising Laws to Change? Read More »