TCPA Class Certification Sought in Junk Fax Action

July 1, 2016 Plaintiffs in the junk fax class action pending against Sanofi Pasteur, Inc. and Vaxserve, Inc. (collectively, “Defendants”) filed a motion seeking class certification on Tuesday.  The class action concerns over 11 million fax advertisements sent on behalf of Defendants to individuals and companies advertising Defendants’ pharmaceutical products.  The motion follows at least […]

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Fantasy Sports Companies Fight Right of Publicity Claims

June 30, 2016 This week, FanDuel and DraftKings each made motions to dismiss a putative class action lawsuit pending in the Southern District Court of Indiana.  In that lawsuit, three former college football players sued the fantasy sports companies for alleged violation of their rights of publicity under Indiana law by including their respective names

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FTC Settles Deceptive Business Practices Lawsuit

June 28, 2016 SmartClick Media, LLC, doing business as Doctor Trusted, and its sole owner, have settled a lawsuit brought by the Federal Trade Commission (“FTC”).  The FTC had charged Doctor Trusted with deceptive business practices in violation of the Federal Trade Commission Act. What was the nature of the deceptive business practices alleged by

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Mobile Marketer Settles FTC Geo-Targeting, COPPA Lawsuit for $950,000

June 24, 2016 This Wednesday, mobile advertising company InMobi Pte Ltd. (“InMobi”) agreed to pay $950,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit filed in connection with InMobi’s geo-targeting and children’s privacy practices. How do FTC regulations affect mobile marketers using geo-targeting or the personal information of children?

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Tech Support Company Settles False Advertising Litigation with FTC

June 23, 2016 On Monday, the Federal Trade Commission (“FTC”) announced its settlement with Vast Tech Support, LLC, OMG Tech Help, LLC and their chief operating officer Mark Donohue (collectively, the “Defendants”) concerning claims that the Defendants used software designed to trick consumers into believing that their computers were infected with viruses.  The parties recently

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