The Telemarketing Sales Rule (“TSR”), as amended, prohibits calls to consumers who have placed their phone numbers on the National Do Not Call Registry. Since January 1, 2005, telemarketers, sellers and service providers, as those terms are defined by the TSR, are required to search the Registry at least once every thirty one (31) days […]
Amidst the publication of the Federal Drug Administration’s (“FDA”) draft e-cig regulations and New York City, Chicago and Los Angeles banning the indoor use of e-cigs, the World Health Organization (“WHO”) chimed in this week voicing its approval of the United States’ proposed treatment of e-cigs. New FDA E-Cig Regulations Under the FDA’s proposed e-cig regulations, the FDA
The World Health Organization’s Take on E-Cigs and the FDA Regulations Read More »
On August 21, 2014, the Federal Trade Commission (“FTC”) approved a final order (the “Order”) settling false advertising claims against i-Health, Inc. and Martek Biosciences, respectively (collectively the “Marketers”). Specifically, the FTC alleged that the Marketers made use of unsupported health benefit claims concerning their “BrainStrong Adult” dietary supplement in their product marketing. Pursuant to
FTC Approves Health Supplement Deceptive Advertising Settlement Read More »
As our readers are aware, the legality of fantasy sports contests is determined by two things: 1) the laws of the individual states in which the participants are located; and 2) the rules and features of the contests themselves. In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act (“UIGEA”) created a specific
Fantasy Sports in Kansas May Be Illegal Read More »
While most class action settlements are awarded preliminary approval (as long as they are deemed fair, adequate and reasonable), a Florida federal court recently rejected a class action settlement as inadequate in an action involving alleged junk faxes sent in violation of the Telephone Consumer Protection Act (“TCPA”). The Class Action: Background In Physicians Healthsource,
Federal Court Denies Preliminary Approval of TCPA Class Action Settlement Read More »
As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year. Since releasing the draft regulations, the FDA has received over 70,000 formal comments, including a letter submitted by 29 state attorneys general seeking additional marketing regulations. Now that the comment period has ended, what’s next
What’s Next for E-Cigs? Read More »
This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). (See Courts Split Over Definition of “Autodialer” Under TCPA). One Massachusetts federal court has further broadened the definition of ATDS under the TCPA. In Davis v. Diversified Consultants, Inc.,
More on TCPA “Autodialers” Read More »
In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find that Yahoo!, Inc. (“Yahoo”) used an automatic telephone dialing system (“ATDS”) in violation of the Telephone Consumer Protection Act (“TCPA”) simply because its equipment had the capability to store telephone
Courts Split Over Definition of “Autodialer” Under TCPA Read More »