Mandatory Arbitration Provision does not Block Avis TCPA Class Action (for now)

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June 1, 2017 Last week, the United States District Court for the District of New Jersey denied Avis Rent A Car System, L.L.C.’s (“Avis”) motion to compel arbitration in a putative Telephone Consumer Protection Act (“TCPA”) class action.  In that action, the named plaintiff claims that when renting a car via Avis’s website, each consumer […]

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U.S. Marketers:  Get Ready for Canada Anti-Spam Law (CASL) Lawsuits

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May 31, 2017  What is CASL? CASL[1] was passed into law on December 15, 2010, over the vigorous objection of marketers and business owners, and became effective on July 1, 2014.  CASL can best be understood as a two-headed monster, essentially a Canadian hybrid of many of the most onerous provisions of the U.S. Controlling

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Obtaining Counsel from a Mobile App Attorney Is a Must

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Mobile App Attorneys Provide Necessary Guidance for Your Mobile App Business May 25, 2015 Mobile applications, or “apps,” are becoming an indispensable tool for a wide range of businesses, from brick-and-mortar entities, to strictly mobile-based operations.  Apps offer a cost-effective means of delivering content, strengthening consumer loyalty and enhancing the consumer experience.  Mobile apps have

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Vermont Passes Fantasy Sports Legislation

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May 17, 2017 Vermont’s State Legislature has passed legislation that would expressly legalize and regulate fantasy sports contests and their operators within the State.  If enacted, Vermont would become the third state this year to adopt fantasy sports legislation, joining Arkansas and Mississippi. What are some key provisions of Vermont’s fantasy sports regulatory scheme?

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Offer of Judgment Fails to Defeat TCPA Fax Class Action

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May 16, 2017 On May 8, 2017, the United States District Court for the Southern District of New York issued a ruling rejecting Educational Testing Service’s (“ETS”) attempt to moot a class action brought pursuant to the Telephone Consumer Protection Act (“TCPA”) through an offer of judgment.  The TCPA fax class action complaint alleges that

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Contest Organizer in Legal Limbo over Sweepstakes Marketing

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May 12, 2017 Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under applicable local law. How can a sweepstakes lawyer help keep promotions legally compliant?

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