By Melkorka Licea. New York Post (November 11, 2019, 6:53 PM EDT) — Is fitness tech counting steps — or overstepping? Last week, Twitter users flew into a panic after learning that Google is acquiring Fitbit, the trendy fitness-tracking watch, for $2.1 billion. The freakout centered on user data — specifically, Fitbit users’ concerns that their […]
All the Scary Ways Health Apps are Using Your Data Read More »
On November 25, 2019, the Supreme Court of the United States denied plaintiff’s petition for certiorari, thereby upholding a decision by the Third Circuit Court of Appeals (the “Court” or “Third Circuit”) which held that an unsolicited fax sent to update a company’s database was not an advertisement within the meaning of the Telephone Consumer
Supreme Court Denies Cert. in TCPA Ad Case Read More »
On November 1, 2019, Capital One Services, LLC (“Capital One”), filed a Petition for a Declaratory Ruling with the Federal Communications Commission (“FCC”) to determine whether it may send, without violating the Telephone Consumer Privacy Act (“TCPA”), one-time text messages to clarify the scope of ambiguous opt-out requests that it periodically receives from its customers.
What is an Opt-Out Request Under TCPA Law? Read More »
On November 5, 2019, the Federal Trade Commission released a new guide, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose
FTC Clarifies Influencer Law with New Sponsorship Disclosure Guide Read More »
November 6, 2019 Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers. While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for
Personal TCPA Liability for Corporate Officers Read More »
November 1, 2019 In an effort several years in the making, Iowa recently issued the State’s first fantasy sports license to DraftKings, Inc. (“DraftKings”). DraftKings wasted no time in getting its operations up and running, having launched its Internet-based Iowa fantasy sports service to the public in recent weeks. What are some notable provisions of
Iowa Fantasy Sports Becomes Reality Read More »
October 31, 2019 On October 29, 2019, the National Collegiate Athletics Association’s (“NCAA”) Board of Governors unanimously voted to consider allowing student-athletes to benefit from the use of their names and likenesses. The NCAA has long restricted collegiate athletes from controlling how their respective names, images and likenesses are used. Now, however, the Governors of
New NCAA Marketing Rules for Athletes Proposed Read More »
October 28, 2019 On October 8, 2019, the United States Olympic and Paralympic Committee (“USOPC”) issued a new set of Olympic advertising guidelines in advance of the Tokyo 2020 Olympic Games. The new guidelines effectively relax the prior restrictions placed on athletes and advertisers by the International Olympic Committee (“IOC”). Specifically, Rule 40.3 of the
Olympic Advertising Rules Scaled Back Prior to 2020 Games Read More »