September 3, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) granted retroactive Telephone Consumer Protection Act (“TCPA”) waivers to 117 marketers that allegedly delivered fax advertisements without mandatory opt-out information. The Commission issued the waivers in large part due to an FCC drafting error in 2006. Are all marketers off the hook […]
FCC Grants 117 Limited TCPA Waivers for Fax Ads Read More »
September 3, 2015 With football season rapidly approaching, and the ever expanding popularity of fantasy sports spurring excitement among fantasy football participants and fantasy football operators alike, it is important to highlight some of the critical requirements needed to ensure that paid contests are legal. The rules pertaining to fantasy sports contests that require an
The X’s and O’s of Fantasy Football Read More »
September 2, 2015 In the last several years, Harold Hoffman (“Hoffman”) has filed dozens of class action lawsuits in the state and federal courts of New Jersey. One common theme of many of these class action matters has been reliance on the State’s Consumer Fraud Act (“CFA”) to form the basis of his suits. Hoffman’s
Have You Been Sued By Harold Hoffman? Read More »
September 1, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) confirmed that efax ads fall within the regulations of the Telephone Consumer Protection Act (the “TCPA”). The Commission’s declaratory ruling was issued in response to a petition for clarifications filed by Westfax, Inc. (“Westfax”) almost six years earlier. Should marketers send efax
FCC Ruling: TCPA Governs eFax Ads Read More »
August 28, 2015 This week, the Federal Trade Commission (“FTC”) obtained a preliminary injunction in the U.S. District Court for the District of Arizona, ceasing the operations of certain businesses and individuals, including multi-level marketer Vemma Nutrition Company (“Vemma”), which the FTC has accused of running an illegal pyramid scheme. How did Vemma’s operations draw
FTC Shuts Down Multi-Level Marketer for Alleged Pyramid Scheme Operation Read More »
August 26, 2015 On August 25, 2015, the United States Court of Appeals for the Third Circuit, by a 2-1 decision, affirmed a lower court ruling that held New Jersey’s sports gambling law violates the federal Professional and Amateur Sports Protection Act (“PASPA”). The law, passed by the New Jersey legislature in 2014 (the “2014
Third Circuit Rules That New Jersey Sports Gambling Law Violates PASPA Read More »
August 24, 2015 This week, the Federal Trade Commission (“FTC”) obtained final judgments against various defendants involved in an elaborate telemarketing operation which the FTC claimed swindled victims out of more than $7 million. The judgments, obtained in the United States District Court for the District of Arizona, imposed monetary sanctions of $7.3 million, as
FTC Stops Elaborate Telemarketing Scam Read More »
August 21, 2015 This Wednesday, the U.S. District Court for the Northern District of California granted summary judgment in favor of defendant Shac, LLC (“Shac”) in a proposed class action under the Telephone Consumer Protection Act (“TCPA”). The court determined that the promotional text messaging system used by Shac involved human intervention and, therefore, was
Human Intervention the Focus in TCPA Autodialer Case Read More »
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