September 2, 2015 In the last several years, Harold Hoffman (“Hoffman”) has filed dozens of class action lawsuits in the state and federal courts of New Jersey. One common theme of many of these class action matters has been reliance on the State’s Consumer Fraud Act (“CFA”) to form the basis of his suits. Hoffman’s […]
Have You Been Sued By Harold Hoffman? Read More »
September 1, 2015 Last Friday, the Federal Communications Commission (the “FCC” or “Commission”) confirmed that efax ads fall within the regulations of the Telephone Consumer Protection Act (the “TCPA”). The Commission’s declaratory ruling was issued in response to a petition for clarifications filed by Westfax, Inc. (“Westfax”) almost six years earlier. Should marketers send efax
FCC Ruling: TCPA Governs eFax Ads Read More »
August 28, 2015 This week, the Federal Trade Commission (“FTC”) obtained a preliminary injunction in the U.S. District Court for the District of Arizona, ceasing the operations of certain businesses and individuals, including multi-level marketer Vemma Nutrition Company (“Vemma”), which the FTC has accused of running an illegal pyramid scheme. How did Vemma’s operations draw
FTC Shuts Down Multi-Level Marketer for Alleged Pyramid Scheme Operation Read More »
August 26, 2015 On August 25, 2015, the United States Court of Appeals for the Third Circuit, by a 2-1 decision, affirmed a lower court ruling that held New Jersey’s sports gambling law violates the federal Professional and Amateur Sports Protection Act (“PASPA”). The law, passed by the New Jersey legislature in 2014 (the “2014
Third Circuit Rules That New Jersey Sports Gambling Law Violates PASPA Read More »
August 24, 2015 This week, the Federal Trade Commission (“FTC”) obtained final judgments against various defendants involved in an elaborate telemarketing operation which the FTC claimed swindled victims out of more than $7 million. The judgments, obtained in the United States District Court for the District of Arizona, imposed monetary sanctions of $7.3 million, as
FTC Stops Elaborate Telemarketing Scam Read More »
August 21, 2015 This Wednesday, the U.S. District Court for the Northern District of California granted summary judgment in favor of defendant Shac, LLC (“Shac”) in a proposed class action under the Telephone Consumer Protection Act (“TCPA”). The court determined that the promotional text messaging system used by Shac involved human intervention and, therefore, was
Human Intervention the Focus in TCPA Autodialer Case Read More »
August 19, 2015 Last Wednesday, an Italian consortium of Parmigiano-Reggiano cheese producers and traders threatened legal action against the owners of adult video website PornHub. The dispute stems from shoddy trademark clearance work and an adult-oriented commercial featuring the famous cheese’s trademark-protected name. Why is it important to clear advertising materials for third-party brands?
PornHub Advertising in Crosshairs for Sloppy Trademark Clearance Read More »
August 17, 2015 Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it had settled its lawsuit against Mr. Avrom Lasarow in connection with a number of allegedly deceptive mobile apps. Mr. Lasarow’s “Mole Detective” apps purported to detect the skin cancer melanoma in moles on users’ skin. What can app providers
Marketer to Pay $58K to FTC for Allegedly Deceptive Mobile Apps Read More »