Sweepstakes and similar promotional contests can be cost-effective means of marketing a product, service or brand based, in part, on the buzz generated by the allure of prizes. Sweepstakes can also be a useful method for generating sales/purchases. However, various laws can make generating sales via promotional contests a risky endeavor if the purchase of […]
Can a Sweepstakes Require a Purchase to Enter? Read More »
Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach. To do it correctly, comprehensive and well-drafted call center agreements must be an essential component of the process. Due to the significant risk of violating state and federal telemarketing laws, its is vital that businesses negotiate and enter
Telemarketing Call Center Agreements: Make the Right Call Read More »
Recently, a Michigan federal court delivered another blow in favor of telemarketers by dismissing a case captioned Barry v. Ally Financial, Inc. brought under the Telephone Consumer Protection Act (“TCPA”). The main issue at stake in the case was whether Ally Financial violated TCPA autodialer law when it placed calls to Ms. Barry. The Court
Federal Court Dismisses Autodialer Law Claims Read More »
Article photo by https://ethereumcode.io/ The Federal Trade Commission (“FTC”) and state attorneys general have made clear that businesses that engage in “misleading” or “deceptive” advertising will face stiff penalties, including fines. If you use the Internet to market products or services, you need to be aware of the laws applicable to deceptive advertising.
Avoid Deceptive Internet Advertising Claims with These 3 Factors Read More »
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. Until a federal law addressing consumer data privacy is passed, we will continue to see additional state laws that address data privacy. Prior to Colorado passing its law, both California and Virginia had passed comprehensive data privacy legislation. The
How Does the Colorado Privacy Law Compare to the CCPA? Read More »
The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, such as the Federal Trade Commission (“FTC”), are tasked with regulating,
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On July 6, 2021, a federal judge in the Southern District of Florida dismissed a wiretapping suit brought by Mariana Cardoso (“Plaintiff”) against Whirlpool Corporation (“Whirlpool” or “Defendant”). Specifically, the Plaintiff alleged that Whirlpool violated the Florida Security of Communications Act (“FSCA”) by intentionally intercepting her electronic communications through “session replay” software that Defendant was
Website Wiretapping Suit Dismissed in Florida Read More »
A Civil Investigative Demand (“CID”) is a discovery tool utilized by regulatory bodies. It is essentially an administrative subpoena to obtain documentary materials, and other information that may be in your possession, custody, or control. Such information may be relevant to a regulatory investigation into possible business practice violations. You may first hear from the
How to Respond to a Civil Investigative Demand Read More »