Telemarketing Payment Processor Settles FTC Lawsuit for $750K

February 24, 2016 Earlier this month, payment processor Capital Payments, LLC n/k/a Bluefin Payment Systems LLC (“Bluefin”) agreed to pay $750,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit involving alleged violations of the FTC’s Telemarketing Sales Rule. How do telemarketing regulations affect payment processors and ISOs?

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Mobile App Geolocation Tracking and Location-Based Services

February 11, 2016 Mobile App Operators Need to Obtain Consent and Ensure Proper Protections Are In Place One of the most useful features of mobile applications (or “mobile apps”), from both a consumer and mobile app operator standpoint, is the fact that mobile apps are, as the name implies, mobile. That is, the mobile apps

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Class Certification Sought in TCPA Lawsuit Against Bebe

February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar

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Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions

February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to

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Victoria’s Secret Exposed in TCPA Class Action Suit

February 1, 2016 On January 26, 2016, a putative class action lawsuit was filed against Victoria’s Secret Stores, LLC (“Victoria’s Secret”), alleging that the clothing retailer violated the Telephone Consumer Protection Act (“TCPA”). The suit was originally filed in the Central District of California, but has since been re-assigned to the Southern District of California.

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FTC Brings Deceptive Advertising Lawsuit Against DeVry University

January 29, 2016 This week, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court for the Central District of California alleging acts of deceptive advertising against DeVry Education Group Inc., the operator of DeVry University (“DeVry”). What is the nature of the FTC’s allegations?  

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