California Advertising

California’s False Advertising Laws and the “On Sale” Price

Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have …

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Massachusetts gambling advertising

Barstool Sports Cited for Possibly Violating Massachusetts Gambling Advertising Laws

Barstool Sports (“Barstool”) has ceased its “Can’t Lose Parlay” promotion after facing scrutiny for possibly violating Massachusetts gambling advertising laws. Barstool is a sports and pop culture digital media company that has become especially popular on social media. Barstool launched Barstool Sportsbook MA when online sports betting was legalized in the State on March 10, …

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Colorado Privacy

Colorado Finalizes Consumer Privacy Act Regulations

States continue to move forward in promulgating consumer data privacy laws and accompanying regulations. Currently there are five states with comprehensive laws on their books, and Iowa is now poised to become the sixth. Both chambers of the Iowa State Legislature unanimously voted to approve Senate File 262. Businesses have wisely anticipated the various new regulations …

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TCPA text

TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing? 

On March 13, 2023, the Eleventh Circuit Court of Appeals agreed to rehear the issue of whether a single unsolicited text message confers standing under the Telephone Consumer Protection Act (“TCPA”). This is an important issue for all TCPA text message lawsuit defendants. As background, Plaintiffs filed this class action lawsuit in the Southern District …

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sweepstakes law

Sweepstakes Law: A Primer on How to Run Compliant Promotions

Sweepstakes promotions are sweeping the nation. With each month and season comes a new and innovative contest. Entities in the not-for-profit sector are getting in the game as well! From Draft Kings, to the National Collegiate Athletic Association (“NCAA”), to the Queens Public Library and countless others, if you’re not running a sweepstakes promotion, you …

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The CPPA and Federal Preemption of State Data Privacy Laws?

Without a federal consumer data privacy law construct, legislators from several states have been promulgating their own, individual regulations. Of the five states that have comprehensive laws on the books (California, Colorado, Connecticut, Virginia and Utah), California was the pioneer, the first to enact a state consumer privacy law when it passed the California Consumer …

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