Affiliate Marketing Agreements: Don’t Get Stuck in the Middle

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Operating an affiliate marketing network can be an effective means of leveraging the marketing capacity of thousands of web venues and marketers without actually incurring the expense of establishing those venues and hiring those marketers, as applicable. Importantly, well drafted affiliate marketing agreements with the affiliates and advertisers participating in your network can also greatly […]

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TCPA Class Action Against Caribbean Cruise Lines Sails On

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The United States District Court for the Western District of Michigan recently denied a motion filed by Caribbean Cruise Lines, Inc. (“Caribbean”) to dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (the “TCPA”) and Michigan law. The Court granted the motion to dismiss for lack of personal jurisdiction filed by

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Internet Poker May Soon Be Legal in New York

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Many of our readers are aware that several states, including Illinois, Iowa, California and Texas,have previously introduced legislation to legalize some form of Internet gambling within their respective states.  New York also considered legalizing Internet poker within its borders last year, but the bill failed to gain traction in the State Legislature.  Despite the apparent setback, the

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Protect Yourself Against Personal Liability Under the TCPA

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The number of Telephone Consumer Protection Act (TCPA) class action lawsuits has exploded in the past couple of years. The October 16, 2013 amendments to the TCPA regulations and the often liberal interpretation of the statute by Federal District Courts and the Federal Communications Commission (FCC) has further emboldened TCPA class action plaintiffs. There now

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Another State May Expand COPPA-type Protection to All Minors

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On July 1, 2013, following the Federal Trade Commission’s (FTC) adoption of the final amendments, the updated Children’s Online Privacy Protection (COPPA) Rule went into effect. The amended COPPA rule strengthens privacy protection for minors under 13 years of age in connection with their use of websites and mobile apps.  The amended COPPA Rule also

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TCPA Debt Collection Calls Can Only Be Placed to Cell Phone Subscribers

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On March 28, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that debt collection calls can only be placed to the subscriber of the cellular telephone being called under the Telephone Consumer Protection Act (“TCPA”).  Specifically, section 227(b)(1)(A)(iii) of the TCPA states, in part, that it shall be unlawful to make

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FCC Grants TCPA Exemption for Package Delivery Alert Text Messages

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On March 27, 2014, the Federal Communications Commission (“FCC”) issued an Order granting package delivery companies an exemption from the Telephone Consumer Protection Act (“TCPA”) to permit them to alert wireless consumers about delivery of their packages, as long as consumers are not charged and may easily opt-out of future messages. Background The Order was

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