After a two-year hiatus, Chipotle is bringing back the Boorito Halloween Sweepstakes promotion, but this time by partnering with BeReal. For those who do not know, BeReal is a photo sharing application, designed to instill a sense of spontaneity in a user’s posting of, in-the-moment, “real” photos. According to the website, “[e]veryday at a different […]
Chipotle Halloween Sweepstakes Promotion and the Law Read More »
A hot button topic for any company conducting business in the digital marketing industry is the matter of consumer consent. Whether businesses successfully obtain the requisite consumer consent can mark the difference between a legal website experience and one that could violate various data privacy regulations. Recently, courts have confronted issues of user consent in
Papa John’s Sued for Alleged Unauthorized Website Recording Read More »
On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties to telephone solicitation sales,” the proposed law is Michigan’s first step in becoming another state jurisdiction to pass its own telemarketing regulations. The TCPA, or Telephone Consumer Protection Act, is
New Bill Could Significantly Impact Michigan Telemarketing Read More »
Oyler v. NFL Enterprises LLC On October 3, 2022, Ryan Oyler, on behalf of himself and others similarly situation, filed a lawsuit against NFL Enterprises LLC (“NFL Enterprises”) in the Southern District of New York. The proposed class seeks to include residents of New York, Florida, Iowa, Kansas, Montana, Alaska, Arkansas, Wyoming, West Virginia, and
Was NFL Enterprises Sued for Alleged Automatic Renewal Law Violations? Read More »
Tooley v. Urban Outfitters, Inc. On September 15, 2022, Martin Tooley filed a lawsuit on behalf of himself and other similarly situated individuals against Urban Outfitters in the District Court for the Middle District of Florida. The Complaint alleges that from June 19, 2022 through June 30, 2022, the Defendant “bombarded” the Plaintiff with “numerous
TOOLEY: THE LATEST FTSA CLASS ACTION Read More »
A September 2022 FTC Staff Report has revealed that manipulative marketing practices by businesses, termed “dark patterns,” is on the rise. The Federal Trade Commission (“FTC”) is a United States government agency whose primary mission is to protect consumers and enforce civil antitrust laws. Since the advent of direct mail and brick and mortar retail,
FTC Staff Report Details Rise in Dark Patterns Read More »
New Law Enacted: 12/11/2021 Takes Effect: 1/1/2023 Background: Many companies use Artificial Intelligence (“AI”) and Automated Decision Systems (“ADS”) to help quicken the pace involved in evaluating potential candidates for employment. These tools have the ability to: (1) scan a candidate’s online presence; (2) evaluate resumes by searching for certain keywords; and (3) determine whether
NYC’s Use of Automated Employment Decision Tools (“AEDTs”) Law: The Crucial Details Read More »
Running a promotional sweepstakes is an innovative and creative way to attract and retain new customers. However, promoters and administrators must be sure to follow state and federal regulations when crafting their sweepstakes contest rules or risk legal action. One of the most important factors to consider is what is necessary to enter a given
California Court Sides with Coinbase in Sweepstakes AMOE Action Read More »