What is Telemarketing Law? Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The […]
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False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b). As articulated by
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When the Agriculture Improvement Act of 2018 (the “Farm Bill”) was signed into law in December 2018, it gave the Cannabidiol (“CBD”) industry hope that this would be a boon for business. With the passage of the Farm Bill, companies thought that they would now be able to legally sell all things CBD infused, including
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Readers of this blog have been following our coverage of the California Consumer Privacy Act (“CCPA”) and related regulatory developments. In today’s blog, we detail some of the compliance measures that should be taken with respect to consumer data election rights and the associated CCPA forms through which consumers can make these elections. Among other
CCPA Forms: The Right to Opt-Out, Request to Know and Request to Delete Read More »
As readers of this blog know, businesses face significant liability if they fail to take their consumer privacy obligations seriously. These obligations can vary widely based on the kind of information a business collects and where a consumer is located. Privacy compliance is an essential consideration for many businesses, and properly obtaining consumer consent to
Consumer Privacy Compliance Primer Read More »
Approximately three (3) months after submitting a trademark application to the United States Patent and Trademark Office (“USPTO”), the application will be assigned to an Examining Attorney. The Examining Attorney will review the application for any administrative or substantive issues and deliver an “office action” if there are any such issues. If no issues with
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Daily fantasy sports exploded onto the landscape approximately five (5) years ago. Since then, the industry has been shaped by substantial fantasy sports law developments that have required deft navigation by operators that offer fantasy sports contests to consumers. The flurry of legal changes has given rise to nuanced regulatory differences across various jurisdictions. This
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If you want to enter the sweepstakes business, familiarize yourself with sweepstakes law and consult legal counsel to ensure compliance. HBO’s new docuseries, McMillion$, is the fascinating story of how the sponsors of the McDonald’s Monopoly sweepstakes were scammed out of $24 million dollars in the 1990s. Despite the scam, the McDonald’s Monopoly sweepstakes was
HBO’s McMillion$: A Reminder to Comply with Sweepstakes Law Read More »