November 10, 2014 On Tuesday November 4, 2014, social media giant Twitter, Inc. (“Twitter”) fully submitted a motion to dismiss a Telephone Consumer Protect Act (“TCPA”) class action lawsuit pending against it in the United States District Court for the Northern District of California. Among other issues addressed in Nunes v. Twitter, Inc., Twitter has […]
Twitter Joins Battle Over Definition of “Autodialer” Under TCPA Read More »
November 7, 2014 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past year. As a result, there have been many written decisions which provide both clarification of the law, as well as guidance on industry best practices. What is the TCPA? The TCPA was enacted in 1991 and,
How to Defend and Win a TCPA Lawsuit Read More »
November 4, 2014 In June, 2014, the Hershey Company (“Hershey”) brought a trademark infringement action against Colorado-based TinctureBelle, LLC. Hershey alleged that TinctureBelle infringed on numerous registered trademarks in the naming, packaging and marketing of its chocolate and confectionery products containing marijuana. TinctureBelle appeared in the action, but never filed an answer. Instead, after months
Edible Marijuana Maker Settles Trademark Dispute with Hershey Read More »
November 3, 2014 On October 29, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the United States District Court of New Jersey against Gerber Products Co. (“Gerber”), the popular baby food manufacturer. The complaint alleges that since 2011, Gerber has been deceptively advertising its Good Start Gentle formula by alleging that use of
FTC Files Lawsuit against Gerber for Deceptive Advertising Read More »
October 31, 2014 On October 29, 2014, the California Court of Appeal for the Second Appellate District released its long-anticipated decision in Rosolowski v. Guthy-Renker LLC, in which it clarified California’s anti-spam law, codified in California Business & Professions Code Section 17529.5. Simultaneously, it issued an almost identical unpublished decision in an action involving the
California Court Issues Big Rulings for Email Marketers Read More »
October 30, 2014 The Rise of Fantasy Sports Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been
The Increasing Popularity of Fantasy Sports in the US Read More »
October 30, 2014 Over the last several years, online dating sites have surged in popularity, with many servicing a staggeringly large numbers of users. In order to separate from the crowd in this competitive marketplace, some players may have gone too far with aggressive marketing and billing practices. According to the Federal Trade Commission (“FTC”),
FTC Settles Lawsuit with Popular Online Dating Service Read More »
October 29, 2014 The United States District Court for the Southern District of California recently dismissed a putative class action filed against Crunch San Diego, LLC (“Crunch”) under the Telephone Consumer Protection Act (“TCPA”), ruling that Crunch did not use an autodialer to send text messages to the named plaintiff. The TCPA Putative Class Action
Crunch Crushes TCPA Class Action Lawsuit Read More »