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. […]
Victoria’s Secret Exposed in TCPA Class Action Suit Read More »
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?
FTC Brings Deceptive Advertising Lawsuit Against DeVry University Read More »
January 28, 2016 Mobile App Operators Need Binding Agreements with End-Users It is essential that every business or individual that operates a mobile application (or “mobile app”) ensure that there is a binding contract in place with those end-users that access and use the app. These contracts are often referred to as “Terms and
Mobile App Terms and Conditions for End-Users Read More »
January 27, 2016 On January 22, 2016, Yahoo!, Inc. (“Yahoo”) once again moved for summary judgment in the Telephone Consumer Protection Act (“TCPA”) class action case entitled Dominguez v. Yahoo!, Inc., currently pending in the United States District Court for the Eastern District of Pennsylvania. Yahoo makes its motion following an earlier decision by the
Yahoo Continues Fight Over Definition of Autodialer Read More »
January 26, 2016 Last Thursday, two Utah residents filed a class action complaint against New York Road Runners, Inc. (“Road Runners”), the organizer and operator of the New York City Marathon (the “Marathon”), alleging that Road Runners are conducting an illegal lottery to select a limited number of runners for the Marathon. How can sponsors
NYC Marathon Drawing an Illegal Lottery? Read More »
January 25, 2016 Updating a previous topic on which we have recently blogged, Wisconsin State Representative Tyler Vorpagel has officially begun circulating a draft proposal to regulate daily fantasy sports in the State and is now seeking sponsors. What are some key provisions of the proposed Wisconsin regulation?
New State-Level Fantasy Sports Regulatory Developments Read More »
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
U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit Read More »
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?
FCC: No Guaranteed TCPA Exemption for Text Broadcasters Read More »