Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”). TCPA standing requires that a plaintiff allege a concrete injury beyond just a pure statutory violation. The question raised by a recent opinion from the Fifth Circuit Court of Appeals […]
Split Decision: 5th and 11th Circuits Diverge on TCPA Standing Read More »
The short answer to this question should be, forever. However, there are various steps one must take (such as meeting renewal deadlines and using the subject mark in commerce) to maintain trademark registration. This blog will look to educate our readers on post-registration obligations and the ongoing filing requirements that are necessary to maintain a
How Long Does Trademark Registration Last? Read More »
On May 26, 2021, we posted a blog concerning a Third Circuit Court of Appeals decision in Leyse v. Bank of America. Mr. Leyse understood the blog as indicating that the court found that Mr. Leyse had engaged in what the blog called “TCPA call baiting” (the TCPA is the Telephone Consumer Protection Act). We
The National Advertising Division (“NAD”) of BBB National Programs has referred Quicken Loans, LLC (“Quicken Loans”) to the Federal Trade Commission (“FTC”) for investigation into its “No Registration, No Login” advertising practices. The NAD found that the statement “No Registration, No Login” misrepresented to consumers that Quicken Loans would not be collecting or sharing their
FTC Action for Quicken Loans “No Registration, No Login” Claims? Read More »
On May 12, 2021, Senator Kevin Thomas reintroduced the New York Privacy Act (the “Act” or “NY Privacy Act”) before the New York Senate. In 2019, Senator Thomas had hoped to pass privacy legislation S5642 (the “Bill”) to amend the general business law in order to address the management and oversight of consumer personal information.
NY Privacy Act Reintroduced Read More »
The Fantasy Sports Trade Association (“FSTA”) (now the Fantasy Sports & Gaming Association (“FSGA”)) reported that the daily fantasy sports (“DFS”) industry generated $2.91 billion in 2018 and that the entire fantasy sports market was worth as much as $7.22 billion that same year. It has recently been reported that the fantasy sports market is
Ask a Fantasy Sports Lawyer: Is DFS Considered Gambling? Read More »
Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with applicable law. Should a business run afoul of telemarketing regulations, the expenses can add up quickly, with penalties of $500 per call/text and up to $1,500 per call/text for willful
Does Your Business Need a TCPA Opinion Letter? Read More »
In 2018, Utah Senator Orrin Hatch drafted a bill intended to create a framework for federal sports gambling. Readers of this blog will recall that on the eve of the 2018 football season, Senator Hatch, an original author of the Professional and Amateur Sports Protection Act (“PASPA”), gave a floor speech foreshadowing that such a bill was in the
Once Upon a Federal Sports Gambling Bill Read More »