Update on Fantasy Sports Legalization across the USA

May 6, 2015 We have been chronicling the recent developments in Kansas regarding the State’s efforts to legalize fantasy sports contests, including the introduction of a bill to legalize pay-to-play fantasy sports, as well as the recent legal opinion issued by the State Attorney General concerning the constitutionality of fantasy sports in Kansas. Now, on […]

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FCC Issues Robocall Citations to Three Companies

May 6, 2015 This week, the Federal Communications Commission (“FCC”) issued citations to Call-Em-All, LLC, Ifonoclast, Inc. d/b/a Phonevite, and M.J. Ross Group, Inc. d/b/a PoliticalRobocalls.com regarding the companies’ respective use of autodialers and/or artificial or prerecorded messages in connection with calls placed to cellular telephones. The citations follow a two year investigation into the

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FTC Pursues Marketers of Weight-Loss Supplements

May 5, 2015 Yesterday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has obtained a temporary restraining order from a federal court in California against a number of advertisers, marketers and distributors of weight-loss supplements – both individually and on behalf of their respective businesses. The Commission’s complaint alleges that the defendants

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FTC Targets Sweepstakes Scam . . . That Targets the FTC?

April 30, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) denounced an alleged sweepstakes scam that struck a little too close to home. According to the Commission, the audacious scammer is mailing information to consumers about an FTC investigation that never took place and offering to help collect millions in sweepstakes prize

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Kansas Attorney General Issues Fantasy Sports Opinion

April 28, 2015 Last week we wrote about the Kansas Attorney General’s intention of issuing an opinion regarding the constitutionality of fantasy sports in Kansas. The legal opinion was requested by a State Representative who opposes a proposal currently before the State Legislature that will define fantasy sports leagues as a game of skill. The

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Multiple US States Push to Join Fantasy Sports Upsurge

Daily fantasy sports contests are a hit in the US, but in some states fantasy sports offerings fall foul of intrastate gambling and lottery regulations. This situation appears set to change however, as states including Iowa and Montana have introduced bills to legalise fantasy sports contests. David O. Klein and Jonathan E. Turco of Klein

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Mobile Tracking Service Provider Settles Privacy Policy Violation Claims

April 27, 2015 Nomi Technologies (“Nomi”) provides brick-and-mortar retail outlets with a means to track consumers’ mobile devices as they move in and around their respective stores. This data can be used by retailers to gain insight into certain consumer behavior and associated commercial interactions. Nomi has recently agreed to settle Federal Trade Commission (“FTC”)

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MMA Fighter: Game Developer Used My Likeness Without Permission

April 13, 2015 Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission. Herrig claims that her image served as a model for “Cassie Cage,” a character in the newly released

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