As of July 1, 2016, Fantasy Sports Regulatory Regimes Take Hold Nationwide

July 7, 2016 Last week, new fantasy sports laws became effective in both Tennessee and Virginia.  Accordingly, as of July 1, any fantasy sports contest operator who has failed to register or otherwise apply for licensure in accordance with the newly operative laws in those states is likely to be operating in violation of each […]

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Unwanted Phone Calls Cause Concrete Harm Under TCPA

July 7, 2016 On June 30, 2016, the United States District Court for the Northern District of West Virginia issued an order in a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), denying a motion to dismiss filed by Got Warranty, Inc. and its principal, as well as co-defendants N.C.W.C., Inc. and

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NYC Learning Center Settles NYAG Deceptive Advertising Investigation

July 5, 2016 This week, the office for New York Attorney General Eric Schneiderman (the “AG”) announced a settlement with test prep company Xpeed Learning Academy (“Xpeed”) in connection with its investigation into claims of deceptive advertising.  As part of the settlement, Xpeed will refund consumers $60,000, cease its deceptive advertising, and make changes to

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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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