On August 11, 2015, a putative class action lawsuit was filed against CVS Pharmacy, Inc. (“CVS”) in the United States District Court for the Middle District of Louisiana, alleging that the pharmacy violated the Telephone Consumer Protection Act (“TCPA”). The lawsuit also names West Corporation (“West”), the party alleged to have made/sent the subject unlawful […]
CVS Hit with TCPA Class Action Lawsuit Read More »
August 12, 2015 Last week, the United States Court of Appeals for the Fourth Circuit struck down a South Carolina anti-robocall statute. The Circuit Court determined that the South Carolina law unconstitutionally regulated free speech in violation of the First Amendment. What about the South Carolina anti-robocall statute made it unconstitutional?
South Carolina Anti-Robocall Statute Ruled Unconstitutional Read More »
August 11, 2015 On July 31, Facebook, Inc. (“Facebook”) submitted reply papers to the United States District Court for the Northern District of California, arguing that a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit must be dismissed. Facebook’s reply papers argued that the automatic text message notifications sent by Facebook to its users
Facebook Argues Definition of “ATDS” and “Emergency” Call in TCPA Lawsuit Read More »
August 10, 2015 In August 2013, Mr. David Frankel initiated a lawsuit against the Federal Trade Commission (the “FTC” or “Commission”) for snubbing his submission to an FTC-sponsored contest concerning robocall-blocking technology. On July 31, 2015, the U.S. Court of Federal Claims unsealed its opinion and order, granting the Commission’s motion for summary judgment against
FTC Wins Robocall-Blocking Technology Lawsuit with Contest Rules Read More »
July 31, 2015 A Federal District Court Judge in the Central District of California this week threw out a lawsuit against Herbalife, Ltd. (“Herbalife”), which alleged that Herbalife had violated federal securities laws by misrepresenting various aspects of its business operations. This is the second amended complaint that has been dismissed by the Judge in
Case Dismissed against Multi-Level Marketing Company Herbalife Read More »
July 31, 2015 News broke this week of a Federal Trade Commission (“FTC”) investigation into the University of Phoenix (“UP”). The FTC served a civil investigative demand (“CID”) on UP, in connection with evaluating whether the university has engaged in deceptive marketing tactics. Neither UP nor its parent company, Apollo Education Group, released a statement,
FTC Launches University of Phoenix Truth in Advertising Investigation Read More »
July 30, 2015 This May, the Federal Trade Commission (the “FTC” or “Commission”) answered a number of Frequently Asked Questions concerning the FTC’s Endorsement Guides. The Commission’s updated FAQ addresses one such question about hashtags used by sponsors as part of a social media sweepstakes or contest. Which hashtags should marketers avoid?
FTC Considers Hashtags in Social Media Sweepstakes and Contests Read More »
July 28, 2015 On Friday, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin against the Travel Channel, L.L.C. and its parent companies Scripps Networks, LLC and Scripps Networks Interactive, Inc. (collectively the “Travel Channel”), alleging that the Travel Channel sent unsolicited fax advertisements in violation
Travel Channel Hit with Junk Fax Class Action Read More »