Mobile Marketing Principal Settles Cramming Lawsuit for $97 Million

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In June, we informed you of the Federal Trade Commission’s (“FTC”) settlement with mobile marketer Tatto, Inc. and other third-party entities.  (See Mobile Marketing Companies Settle FTC Mobile Cramming Lawsuit for $150 Million).  The FTC has now settled its claims against Tatto’s principal, Andrew Bachman.  In total, the settlement with Mr. Bachman is a whopping […]

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FTC Issues Report and Guidelines for Mobile Shopping App Developers and Consumers

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The Federal Trade Commission (“FTC”) recently issued a report on mobile shopping apps, which follows a case study of many different shopping-related apps that are currently available to consumers.  The report provides recommendations to the companies that provide such apps and to the consumers that use them, with a focus on the privacy and security

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Capital One Settles Record Shattering TCPA Lawsuits for $75M

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Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in history. According to the settlement agreement, the Defendants have agreed to pay

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Daily Fantasy Sports Games: MLB Steps Up to the Plate

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Early Innings for Fantasy Sports  The legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, vary state by state, and can be considered illegal gambling under certain circumstances and in certain jurisdictions.  Notwithstanding the foregoing, there is an exemption under federal law (the 2006 Unlawful Internet Gambling Enforcement

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Can Hooters Nip the Latest TCPA Lawsuit in the Bud?

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Hooters of America, LLC (“Hooters”), the well-known sports bar franchise, was recently sued in the United States District Court for the Central  District of California for allegedly sending unsolicited commercial text messages in violation of the Telephone Consumer Protection Act (the “TCPA”). Details of Hooters TCPA Class Action Lawsuit The class action complaint alleges that

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FTC Issues Recommendations to Thwart Mobile Cramming

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The Federal Trade Commission (“FTC”) recently issued a report to address mobile “cramming,” the unlawful practice of placing unauthorized third-party charges on mobile telephone bills. Background of Mobile Cramming As technology has developed and the use of mobile telephones is rampant, consumers are now able to pay for goods and services using their mobile phones. 

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FTC Enforces Restraining Order against Cramming Defendants

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As part of the increased regulatory focus on the mobile marketing space, the U.S. District Court for the Central District of California issued a temporary restraining order against six (6) companies and their respective principals, effectively halting an alleged mobile phone cramming scheme.  “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill.  In

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Ticket Resellers Settle Major Deceptive Advertising Lawsuit with the FTC and Connecticut AG

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Last week, event ticket resale website TicketNetwork, Inc. and two of its marketing partners, Ryadd, Inc. and SecureBoxOffice, LLC (collectively the “Defendants”), settled a lawsuit brought against them by the Federal Trade Commission (“FTC”) and the Connecticut Attorney General’s Office.  Among other things, the Defendants have agreed to pay $1.4 million into a Connecticut fund dedicated

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