This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). (See Courts Split Over Definition of “Autodialer” Under TCPA). One Massachusetts federal court has further broadened the definition of ATDS under the TCPA. In Davis v. Diversified Consultants, Inc., […]
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In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find that Yahoo!, Inc. (“Yahoo”) used an automatic telephone dialing system (“ATDS”) in violation of the Telephone Consumer Protection Act (“TCPA”) simply because its equipment had the capability to store telephone
Courts Split Over Definition of “Autodialer” Under TCPA Read More »
The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act (“TCPA”) in an action involving the alleged use of an autodialer in calling the plaintiff’s mobile phone seeking paid participation in a survey. The Constitutionality of the TCPA In De Los Santos v. Millward
Daily Fantasy Sports Games in the USA? As discussed numerous times on this site, the legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, varies state by state, and can be considered illegal gambling under certain circumstances, depending on the jurisdiction. While there is an exemption under federal
Daily Fantasy Sports Games Proliferate: USA Today and Sports Illustrated Suit Up Read More »
As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year. Last week, 29 state attorneys general submitted a letter to the FDA urging the agency to adopt additional regulations that would better protect minors from the harms associated with use of tobacco
Attorneys General for 29 States Petition FDA to Adopt E-Cig Marketing Regulations Read More »
Do You “Like” Facebook Sweepstakes Entries? Sweepstakes sponsors have, for many years, required prospective sweepstakes entrants to “like” those sponsors’ Facebook pages in order to access the applicable sweepstakes entry pages (or as a means to enter the Sweepstakes themselves). This practice is commonly referred to as “like-gating,” and can be an effective way to
Facebook Issues New Rules for Mobile App-Based Sweepstakes Entries Read More »
Perhaps the most frequent question we hear from our clients and readers is whether the Canada Anti-Spam Legislation (“CASL”) can be enforced against U.S. businesses. The short answer is that, depending upon the circumstances, CASL can be enforced not only against U.S. businesses, but their officers, directors and agents as well. What is Canada’s Anti-Spam
Enforcing The Canada Anti-Spam Legislation (CASL) Against U.S. Companies Read More »
In June, we informed you of the Federal Trade Commission’s (“FTC”) settlement with mobile marketer Tatto, Inc. and other third-party entities. (See Mobile Marketing Companies Settle FTC Mobile Cramming Lawsuit for $150 Million). The FTC has now settled its claims against Tatto’s principal, Andrew Bachman. In total, the settlement with Mr. Bachman is a whopping
Mobile Marketing Principal Settles Cramming Lawsuit for $97 Million Read More »
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