Uncertain Times for Daily Fantasy Sports

September 18, 2015 This week, a report surfaced that the Massachusetts Attorney General will be reviewing the legality of daily fantasy sports and in particular, industry giant, Boston-based DraftKings.   This report comes on the heels of related stories that the gaming commission in Nevada is undertaking a similar review, that California is moving towards regulating […]

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Carrot Neurotechnology Settles Deceptive Advertising Claims with FTC

September 18, 2015 The Federal Trade Commission (“FTC”) recently announced the settlement of a pending deceptive advertising action with Carrot Neurotechnology, Inc. (“Carrot”). According to the FTC, since 2012, Carrot “advertised, labeled, offered for sale, sold and distributed the Ultimeyes software application to consumers. . . . According to its website . . . Ultimeyes

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Feds Crack Down on Massive Text Message Consumer Fraud Scheme

September 17, 2015 This week, the United States Attorney for the Southern District of New York, in collaboration with the Internal Revenue Service and Federal Bureau of Investigation, announced several arrests of executives at mobile aggregation companies and mobile content providers. The arrests follow a federal investigation of the individuals’ participation in a scheme that

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Lyft, Inc. and FCC Dispute Alleged TCPA Violations

September 15, 2015 On September 11, 2015, the Federal Communications Commission (“FCC”) issued a Citation and Order (the “Citation”), alleging that the ride-hailing company Lyft, Inc. (“Lyft”) is violating the Telephone Consumer Protection Act (“TCPA”) by requiring users to consent to receive commercial text messages and calls to their cell phones as a condition of

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App Provider Prevails in Drawn-Out TCPA Lawsuit

September 11, 2015 This summer, we reported on a court order issued in the Telephone Consumer Protection Act (“TCPA”) lawsuit encaptioned McKenna v. WhisperText. The order granted defendant mobile application provider WhisperText’s motion to dismiss, but allowed the plaintiff leave to amend his complaint. Last Wednesday, the U.S. District Court in San Jose, California dismissed

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SoulCycle Hit with Class Action Complaint

September 9, 2015 On August 25, 2015, a putative class action lawsuit was filed against SoulCycle, Inc. (“SoulCycle”) in the United States District Court for the Central District of California, alleging violations by SoulCycle of the Credit Card Accountability, Responsibility and Disclosure Act (“CARD Act”), the Electronic Funds Transfer Act (“EFTA”), and various state statutes.

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