November 4, 2015 Last month, The Scotts Company LLC (“Scotts”) discontinued certain television commercials and added new disclosures to its sweepstakes-solicited online reviews in response to a National Advertising Division (“NAD”) inquiry. What prompted NAD’s investigation of Scotts’ marketing practices?
Advertiser Scraps TV Commercials, Rethinks Sweepstakes After NAD Inquiry Read More »
November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy
NFL Players File Right of Publicity Class Action Against FanDuel Read More »
October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How
TCPA Amended by 2015 Bipartisan Budget Agreement Read More »
October 30, 2015 Yes, You too Mobile App Operators! While some mobile app operators might be tempted to forego posting a privacy policy in their mobile app interface, making a privacy policy available to consumers is actually required by state and federal law. Furthermore, it makes sense from a customer-relations perspective to keep your
Why Every Mobile App Needs a Privacy Policy Read More »
October 29, 2015 On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. (“TD Bank”) in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act (“TCPA”). The putative class action seeks to certify a class of “[a]ll
TD Bank Hit with TCPA Class Action Lawsuit Read More »
October 28, 2015 Yesterday, Illinois State Representative Mike Zalewski (D-Riverside), introduced the Fantasy Contests Act, a bill that the lawmaker hopes will apply regulatory oversight to the daily fantasy sports industry by requiring operators to adopt and implement certain policies and procedures. The proposed legislation comes in response to the recent reports of industry insider
Illinois Eyes Regulation of Fantasy Sports Industry Read More »
October 28, 2015 Last Friday, the Third Circuit Court of Appeals breathed new life into a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against multinational tech giant Yahoo Inc. (“Yahoo”), vacating an earlier trial court decision in Yahoo’s favor and remanding the case for further proceedings. Why is Yahoo back in the TCPA crosshairs?
Third Circuit Revives TCPA Class Action Against Yahoo Read More »
October 27, 2015 Earlier this month, a federal judge in Milwaukee preliminarily approved the settlement of a class action deceptive trade practices lawsuit surrounding the advertised length of sandwiches sold by fast food giant Doctor’s Associates Inc. d/b/a Subway Restaurants (“Subway”). How does Subway’s settlement agreement measure up?
Subway Settles Sandwich Length Deceptive Trade Practices Lawsuit Read More »