New Canada Anti-Spam Legislation (CASL): A Litigation Perspective

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What is Canada’s Anti-Spam Legislation (“CASL”)? CASL was passed into law on December 15, 2010, over vigorous objection by various business interests, and became effective on July 1, 2014.  CASL can best be understood as a draconian, Canadian hybrid of the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the […]

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Content Providers Beware: Federal Trade Commission Sues T-Mobile for “Cramming”

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On July 1, 2014, the Federal Trade Commission (“FTC”) commenced an action against T-Mobile USA, Inc. (“T-Mobile”) for unlawfully “cramming” third-party content provider charges on consumer telephone bills.  In a press release issued by the FTC on Tuesday, the FTC noted that the filing of this lawsuit is consistent with its ongoing “significant efforts to

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L’Oreal Settles Deceptive Advertising Suit with the Federal Trade Commission

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On June 30, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing that it had entered into a settlement with cosmetic manufacturer L’Oreal USA (“L’Oreal”).  Following an investigation and prior to entering into the settlement, the FTC was prepared to file a complaint alleging that L’Oreal had deceptively advertised that certain of its

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Resellers: Hidden Benefit Associated with FCC International Section 214 Licenses

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As we previously have reported, all providers of telecommunications services (regardless of whether they are domestic or international carriers) that provide international outbound services to the general public from the United States to any foreign destination must obtain an International Section 214 license from the Federal Communications Commission (“FCC”) before offering or providing such services. Whether

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Consequences for Violating Sweepstakes Registration and Bonding Requirements

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Sweepstakes Are an Effective Marketing Tool  Promotional contests and sweepstakes are an increasingly popular marketing tool – and for good reason.  They provide a cost-effective way to generate publicity and notoriety for a brand or product line.  Since most sweepstakes games include both the elements of chance and the awarding of a prize, it is

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United States Supreme Court Refuses to Hear New Jersey Sports Gambling Appeal

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A New Jersey State law that would legalize sports gambling in Atlantic City casinos suffered its final blow yesterday when the United States Supreme Court declined to hear New Jersey’s appeal from the Third Circuit Court of Appeals, which had affirmed a lower court ruling that found the law to be illegal. Previous Decision In

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Senators Introduce Expansive Pennsylvania Online Gaming Bill

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Following the lead of Delaware, New Jersey, Nevada, Illinois, New York, California, Massachusetts and several other states, the Pennsylvania Senators Edwin Erickson and Bob Mensch have introduced Senate Bill 1386, which would effectively legalize online gambling within the Commonwealth’s borders.  This most recent Pennsylvania online gaming bill comes on the heels of last year’s failed House Bill 1235. Pennsylvania Online Gaming Bill

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