Bank of America Settles TCPA Lawsuit for Over $32 Million

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Bank of America Corporation (“Bank of America”) and FIA Card Service, N.A. (“FIA”) (collectively, the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in recent memory.  According to the settlement agreement, the Defendants have agreed to pay over $32 million to settle a consolidated TCPA class action.  The […]

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Legal Challenges to Daily Fantasy Sports Games Disappearing

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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

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FCC Declares Overly-Broad Absolute Liability for Unsolicited Faxes under the TCPA?

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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

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Accessing the National Do Not Call Registry: Telemarketer Fees Increase as of October 1, 2014

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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

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The World Health Organization’s Take on E-Cigs and the FDA Regulations

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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

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FTC Approves Health Supplement Deceptive Advertising Settlement

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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

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