President Andrew Jackson has been famously rumored to have responded to a Supreme Court decision denying his use of executive power, “John Marshal has made his judgment, now let him enforce it.” Governor Chris Christie of New Jersey seems to have adopted this approach, acting to circumvent a 1992 federal law by deregulating sports betting […]
New Jersey to Allow Sports Gambling Read More »
Daily Fantasy Sports Games As discussed numerous times on this site, the legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, varies by state. Pay-to-play contests that offer prizes to winners can be considered illegal gambling under certain circumstances, depending on the jurisdiction. There is currently an exemption
Legal Challenges to Daily Fantasy Sports Games Disappearing Read More »
In response to an invitation from the United States Court of Appeals for the Eleventh Circuit concerning a question involving the interpretation of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) filed a letter brief in Court on July 17, 2014, declaring that “under the plain text of [the Code of Federal
FCC Declares Overly-Broad Absolute Liability for Unsolicited Faxes under the TCPA? Read More »
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 »