July 7, 2017 Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app. How can text message marketers protect themselves from TCPA liability?
App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing Read More »
July 6, 2017 On June 22, 2017, the United States Court of Appeals for the Second Circuit ruled that consent provided by consumers to businesses within the meaning of the Telephone Consumer Protection Act (“TCPA”) cannot be revoked if such consent was “part of a bargained-for exchange” in a written contract. Specifically, the Court asked,
TCPA Consent Can be Revoked? One Court Says Not So Fast! Read More »
July 5, 2017 The Federal Trade Commission (“FTC”) recently announced a reform initiative aimed at eliciting comments from the general public on a host of federal regulations, including the landmark federal email law, Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”). What is the FTC seeking to accomplish with the initiative?
FTC Seeks Comment on Federal Email Law Read More »
June 23, 2017 This month, Trusted Media Brands, Inc. (“TMBI”) – the publisher of Reader’s Digest, Every Day with Rachael Ray and other popular magazines – settled a federal class action lawsuit in Manhattan for over $8 million, reinforcing the importance of consulting with an experienced privacy lawyer when collecting and/or selling customers’ personally identifiable
Working with Data Brokers? Consult a Privacy Lawyer Read More »
June 22, 2017 News out of New York and New Jersey this week indicates that additional e-cig regulations could soon affect consumers, manufacturers, and marketers alike. Given the size of the market, it is incumbent to keep a watchful eye on these potential industry-changing developments. What are the proposed e-cig regulations?
Big E-Cig Developments Read More »
June 15, 2017 This Monday, The Honest Company, Inc. (“Honest”) and two named plaintiffs notified a federal district court in Manhattan that the parties have settled their lawsuit on a class-wide basis in connection with Honest’s “natural” product advertising. How can product manufacturers protect themselves from similar legal risk?
Honest Settles “Natural” Product Advertising Class Action Read More »
June 14, 2017 On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action. In doing so, the district judge chided the “professional class action plaintiff” due to its demonstrable dishonesty in responding to discovery demands. In addition,
Class Certification Denied in TCPA Fax Class Action Due to Dishonesty Read More »
June 13, 2017 A recent decision issued by the United States District Court for the Northern District of Illinois has brought renewed emphasis to the importance of prominently displaying TCPA consent language in Internet marketing. In a case chiefly concerning alleged deceptive marketing practices, the ruling touches upon Telephone Consumer Protection Act (“TCPA”) and Internet
Marketer In Hot Water for Inconspicuous TCPA Consent Language Read More »