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New York Expands Payday Lending Industry Investigation to Focus on Marketers

As we previously blogged and in light of of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo has increased enforcement efforts against payday lenders and recently widened the net of potential defendants to include marketers of payday […]

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List of Payday Marketers Subpoenaed

Leave a Comment / Journal, Uncategorized / David Klein

Below is a list of the 16 lead generation companies to which subpoenas were issued. The subpoenas are demanding a wide range of materials as part of Governor Cuomo’s ongoing investigation, including marketing materials, contracts for sales of consumer information and privacy policies. Allied Cash Advance Bahamas Marketing Group, Inc. Blue Global, LLC d/b/a 100DayLoans,

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Faxes May Violate TCPA Even When Requested by Consumers

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages. However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier. In fact, last week a consumer class action lawsuit was filed in a

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TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

Leave a Comment / Journal / David Klein

In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing

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FTC Secures Multi-Million Dollar Judgment Against Business Opportunities Marketer

Leave a Comment / Journal / David Klein

In a settlement order filed on Monday in an Oregon federal court, the Federal Trade Commission (FTC) banned a company from using deceptive marketing practices in connection with offering consumers work-at-home business opportunities. The company, Smart Tools LLC and its officers, Kristin Hegg and Curtis Dawn, agreed to pay a $7.4 million judgment for violating

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Putative TCPA Class Action Filed Against Tampa Bay Buccaneers

Leave a Comment / Journal / David Klein

On the heels of a victory in Florida federal court – the dismissal of a putative class action under the Telephone Consumer Protection Act (“TCPA”) – the company that operates the Tampa Bay Buccaneers was sued again for allegedly sending unsolicited “fax blasts” to market tickets to their football games. The class action complaint was

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Major Payday Lender Settles Lawsuit

Leave a Comment / Journal / David Klein

On November 20, 2013, the newly formed Consumer Financial Protection Bureau (“CFPB”) announced that it had fined payday lender Cash America International (“Cash America”) $5 million and entered into a consent order that compels Cash America pay an additional $14 million in refunds for overcharging customers (including military service members) and robo-signing documents in debt-collection

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Mobile Marketing Company Settles Cramming Allegations for $10+ Million

Leave a Comment / Journal / David Klein

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Wise Media, LLC, and its officers individually, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws. For those that are unfamiliar with the term, “cramming” is the act of placing unauthorized charges on

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