Congress Isn’t Going After Daily Fantasy Sports Yet

Facing national scrutiny, DraftKings and FanDuel have hired up lobbyists — but according to key lawmakers, industry lawyers and lobbyists, don’t expect sweeping changes to the industry in the near future. posted on Nov. 5, 2015, at 9:00 a.m. Tarini Parti BuzzFeed News Reporter Scott Olson / Getty Images WASHINGTON — There have been allegations

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TCPA Class Action Against CallFire Dismissed

November 5, 2015 On October 8, 2015, the United States District Court for the Southern District of California dismissed a putative class action complaint alleging that CallFire, Inc. (“CallFire”) violated the Telephone Consumer Protection Act (“TCPA”). CallFire offers an Internet-based platform through which customers may prepare a text message and send that message to a

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Advertiser Scraps TV Commercials, Rethinks Sweepstakes After NAD Inquiry

November 4, 2015 Last month, The Scotts Company LLC (“Scotts”) discontinued certain television commercials and added new disclosures to its sweepstakes-solicited online reviews in response to a National Advertising Division (“NAD”) inquiry. What prompted NAD’s investigation of Scotts’ marketing practices?

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NFL Players File Right of Publicity Class Action Against FanDuel

November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy

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TCPA Amended by 2015 Bipartisan Budget Agreement

October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How

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Why Every Mobile App Needs a Privacy Policy

October 30, 2015 Yes, You too Mobile App Operators!   While some mobile app operators might be tempted to forego posting a privacy policy in their mobile app interface, making a privacy policy available to consumers is actually required by state and federal law. Furthermore, it makes sense from a customer-relations perspective to keep your

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TD Bank Hit with TCPA Class Action Lawsuit

October 29, 2015 On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. (“TD Bank”) in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act (“TCPA”). The putative class action seeks to certify a class of “[a]ll

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