WHAT IS A TCPA SERIAL LITIGANT? Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer Protection Act (‘TCPA”). They are located all across the country and sue in both state and federal courts. These parties are often self-proclaimed TCPA serial litigants and do not shy […]
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As many in the industry know, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The MRTA created a “regulatory structure to oversee the licensure, cultivation, production, distribution, sale and taxation of medical, adult-use and cannabinoid hemp . . . .” Since April 2022, the Cannabis Control Board (“Board”) has
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There is no question that digital marketing of products and/or services are integral to the success of any business. There are myriad ways and places to advertise, including websites, social media, mobile applications, and the like. Oftentimes, companies will either intentionally, or inadvertently, use a registered trademark that belongs to a third party in its
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In the relatively new frontier of non-fungible tokens, or “NFTs,” carefully drafted contracts with artists are essential to protecting any NFT collection. NFTs are crypto assets with identifying codes that make them unique. Each NFT is made up primarily of two parts: its digital representation, normally in the form of artwork, and its coded identification
Yes, You Need an NFT Artist Contract! Read More »
Sweepstakes marketing campaigns are creative methods by which to spark interest in a business’ goods and/or services. Many companies are coming up with new and innovative contests to generate and retain a loyal client base. A fundamental concern to be aware of, however, when planning a promotion is to ensure that every aspect of your
Court Rules in Favor of Leading Sweepstakes Marketing Promoter Read More »
If you find yourself on the receiving end of a state attorney general subpoena, you may be asking yourself “what do I do now?” They say the best defense is a good offense. So, in this case, being prepared with a game plan is critical. Step 1: Stop and put things in perspective If you
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Recent California class action lawsuits are targeting websites that employ chatbots to offer their consumers real-time, online assistance. In the aftermath of the Ninth Circuit decision in Javier v. Assurance IQ, LLC, a recent hotbed issue in digital marketing law is whether or not businesses acquire requisite consent before gathering data from a consumer’s website
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State legislatures throughout the country are increasingly enacting laws to protect consumers online. Many of these new laws address a person’s digital interaction with a company’s website, including the purchase and, automatic renewal of, a subscription. The root of these regulations seems to concern the level of consumer awareness and need to obtain informed consent
New Jersey Approves New Subscription Service-Automatic Renewal Law Read More »