Bi-Partisan Effort to Legalize Fantasy Sports in Washington

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January 23, 2015 Washington State has particularly restrictive online anti-gambling laws that prohibit games of skill, played for money, that contain even a relatively small element of chance.  As a result, almost all major fantasy sports websites (including FanDuel and DraftKings, the industry leader and runner-up, respectively) block residents from the State of Washington from […]

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Dish Network Liable for Various Telemarketing Violations

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January 22, 2015 In a case brought by the Department of Justice (“DOJ”) on behalf of the Federal Trade Commission back in 2009, the District Court for the Central District of Illinois found Dish Network L.L.C. (“Dish”) liable for tens of millions of calls that violated the Telemarketing Sales Rule (“TSR”). Telemarketing – Proceed with

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Montana Poised to Legalize Fantasy Sports

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January 21, 2015 While many states do not have laws on the books that directly address fantasy sports, Montana is a rare exception.  Montana state law specifically prohibits fantasy sports games played for entry fees (and prizes) over the Internet.  However, that could soon change.  State Representative Forrest Mandeville (R-Columbus) has introduced a bill that

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Toyota/Sirius Sued for Violations of the TCPA

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January 16, 2015 On January 8, 2015, a class action lawsuit was filed in the United States District Court for the Southern District of California, alleging that Sirius XM Holdings, Inc. (“Sirius”) had placed numerous unsolicited telemarketing calls to the plaintiff’s cellular telephone using an automatic telephone dialing system in violation of the Telephone Consumer

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Fantasy Sports and Sports Gambling: Indiana Lawmaker Pushes for Legalization

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January 15, 2015 Indiana State Representative Alan Morrison (R-Terre Haute) has introduced two bills that address emerging trends in sports gaming, namely: sports betting and fantasy sports. A Two State Tease? The first bill would legalize sports betting when the betting activity is confined to the State’s casinos, racinos and licensed off-track betting venues.   This

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The Magic Pill: FTC Settles Deceptive Marketing Action Involving Dietary Supplements Claimed to Treat Children’s Speech Disorders

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January 114, 2015 The Federal Trade Commission (“FTC”) recently entered into a settlement with a company and its owner to prevent them from making allegedly deceptive marketing representations to consumers that their dietary supplements effectively treat childhood speech disorders. Deceptive Marketing Action: The Magic Pill? The FTC sued NourishLife, LLC and its owner, Mark Nottoli,

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Sweepstakes Endorsements and Testimonials: What’s Not to Like?

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January 8, 2015 I’m John Doe, and I Endorse this Product Sweepstakes sponsors have, for many years, required prospective sweepstakes entrants to take some action to promote the respective sponsor’s brand, products and/or services in order to gain entry into a given sweepstakes.  Such actions may include submitting a positive testimonial, publishing brand names/images on

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CVS Hit with TCPA Class Action Lawsuit

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December 24, 2014 On December 19, 2014, a class action lawsuit was filed in the United States District Court for the Middle District of Florida, alleging that CVS Pharmacy, Inc. (“CVS”) has been sending consumers unsolicited text messages in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action lawsuit seeks an unspecified

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