September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court. In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using […]
TCPA Lawsuit “Hits” the Diamond Read More »
September 13, 2018 On January 29, 2018, the Federal Trade Commission (“FTC”) filed a complaint against Digital Altitude LLC, et al. (“Digital Altitude”), for misrepresentations regarding potential earnings and the goods and services it provided. Earlier this month, one of the defendants, Sean Brown, agreed to settle with the FTC. On its face, the business
Business Coaching Scheme Sunk by Deceptive Marketing Read More »
September 12, 2018 The Securities and Exchange Commission (“SEC”) recently settled two lawsuits against sports betting funds which the agency accused of violating the Securities Act. The settlement culminates a nearly two-year investigation, and the first known prosecution of a sports betting fund since Nevada legalized such pooled wagering. What were the nature of the
SEC Settles Lawsuits Against Nevada Sports Betting Funds Read More »
September 11, 2018 Two weeks ago, the Trademark Trial and Appeal Board (“TTAB”) denied a petition for cancellation in a trademark dispute involving the company formerly known as Ask Jeeves, refusing to cancel the trademark application of a smaller company that applied to register “ASKBOT” with the United States Patent and Trademark Office (“USPTO”). The
Who “Asked” for a Trademark Dispute? Read More »
September 5, 2018 In the past, we have recommended that all mobile app operators have a privacy policy that is readily-available to consumers. Apple is now taking this advice one step further and requiring that all new apps, and any updates to pre-existing apps, provide the app’s privacy policy in the app’s metadata. The new
New Apple App Privacy Policy Requirement Read More »
August 31, 2018 Last week, a group of healthcare companies sent a letter to the Federal Communications Commission (“FCC”) seeking clarification regarding how healthcare communications are treated under the Telephone Consumer Protection Act (“TCPA”). Specifically, the letter urged the FCC to rule on a joint petition filed on July 28, 2016, by the American Association
TCPA Healthcare Companies Seek Ruling on Joint Petition Filed in 2016 Read More »
August 30, 2018 The Federal Trade Commission (“FTC”) has announced that it will increase the fees that entities pay to access telephone numbers on the National Do Not Call Registry (the “Registry”) per the terms of the Do Not Call Registry Fee Extension Act of 2007 (the “Act”). The fees for yearly access to the
Do Not Call Registry Fees to Increase Read More »
August 29, 2018 Last week, Utah Senator Orrin Hatch gave a speech from the Senate floor lamenting the lack of congressional debate over sports gambling in the months following the Supreme Court’s decision to strike down the Professional and Amateur Sports Protection Act (“PASPA”). Hatch, an original PASPA co-sponsor, touched upon both the risks he
Federal Sports Gambling Legislation on the Way? Read More »