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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Online Fantasy Sports Providers Do Battle

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We have previously focused on several legal aspects of online fantasy sports, ranging from fantasy sports insurance to the legality of daily fantasy sports tournaments.  We have also written extensively on the efforts of several states to legalize fantasy sports within their borders and how to avoid regulatory penalties associated with fantasy sports.  A new

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The Judgment is In: Overstock.com Comes Up Empty

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As we previously reported, the online merchant Overstock.com, Inc.  (“Overstock”) was sued several years ago in the Superior Court of the State of California by district attorneys from numerous California counties.  On January 3, 2014, the Court issued a tentative ruling and proposed statement of decision, finding that Overstock made untrue and misleading comparative advertising

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Beware When Using Telemarketing Lead Generators

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Home security and telemarketing company Versatile Marketing Solutions, Inc. (“VMS”) recently entered into a $3.4 million settlement agreement with the Federal Trade Commission (“FTC”) to resolve a complaint filed against it in the United States District Court for the District of Massachusetts alleging violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act.  Pursuant

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