U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit

January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment

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FCC: No Guaranteed TCPA Exemption for Text Broadcasters

January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?

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Florida and Washington Poised to Join the Rush to Regulate Fantasy Sports?

January 14, 2016 Florida has cleared a key procedural hurdle in the State’s quest to legalize and regulate fantasy sports contests and their operators. Earlier this week, a Florida House subcommittee, the Business & Professions Subcommittee, passed a bill that would explicitly legalize fantasy sports contests under Florida state law, containing a regulatory framework that

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Basic Alarm Company Operating Guidelines and the Importance of Alarm Contracts

January 11, 2016 Businesses in the residential and commercial alarm and security space face inherent hazards, as they are tasked with mitigating and/or eliminating the risk to both person and property from dangers ranging from burglary, fire, water loss, etc. These businesses have become adept at minimizing risk on behalf of others. Far too often,

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Fantasy Sports Legal Developments Across the Nation

January 8, 2016 This week, a key procedural hurdle was cleared by a bill in California designed to license and regulate operators of fantasy sports contests, as the Assembly Governmental Organization Committee approved the proposal 17-1. The bill must still be approved by the Appropriations Committee before it receives a vote by the full Assembly.

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Uber Reaches Settlement with New York Attorney General

January 8, 2015 On January 6, 2016, the New York State Attorney General’s office announced a settlement reached with Uber Technologies, Inc. (“Uber”). Uber owns and operates a mobile application platform that allows riders to connect with Uber drivers through use of their mobile phones. A series of reports by the online journal BuzzFeed reported

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Contest Prizes, Endorsements and Testimonials: A Lesson from Lumosity

January 7, 2016 This Monday, “brain training” company Lumos Labs, Inc. D/B/A “Lumosity” agreed to pay $2 million to settle Federal Trade Commission (“FTC” or “Commission”) claims of deceptive advertising. The FTC’s allegations were brought in part because of Lumosity customer testimonials that were purportedly submitted as a condition to enter promotional contests for a

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