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A Fantasy Sports Opinion Letter is a Necessity

The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law interpretations of existing gambling and lottery laws pave the way forward for the continued expansion of the fantasy sports industry. In […]

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Is a Bitcoin Sweepstakes Promotion Legal?

Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event tickets). Note that our office has not reviewed the Official Rules for Coinbase’s Bitcoin sweepstakes and, as such,

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Make Sure That You Comply With Data Broker Registration Laws!

As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other things, certain consumer data broker registration requirements. The Agency is responsible for enforcing the Delete Act and, as discussed below, is now actively pursuing

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Telemarketers Ask: What Is an Oklahoma Automated System?

On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The TCPA, or Telephone Consumer Protection Act, is a federal statute designed to protect consumer privacy by restricting certain types of

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Open Enrollment Marketing – The Do’s and Don’ts

With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment window. In this open enrollment marketing blog, we will discuss permitted and prohibited marketing activities, including: (1)

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Are Law Firms Susceptible to TCPA ATDS Claims? 

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National Do Not Call (“DNC”) registry compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies obtain prior express

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California and Massachusetts State Wiretapping Laws – The Similarities and Differences 

The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were enacted to address state criminal law enforcement’s wiretapping of conversations. In the last few years, however, the Plaintiffs’ Bar has seized on

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TCPA Text Lawsuits Are a Dangerous Play! 

On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies maintain a list of consumers that have

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