FCC Issues New TCPA Ruling on Telemarketing Liability

TCPA Declaratory Ruling In a Declaratory Ruling issued on May 9, 2013, the Federal Communications Commission (“FCC”) sought to clarify the extent to which the advertisers of commercial products and services (referred to as “sellers”) can be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) by the third-party telemarketers that place telemarketing […]

FCC Issues New TCPA Ruling on Telemarketing Liability Read More »

Illinois and California May Legalize Online Poker in the Near Future

Two new developments have taken shape over the past few days in the online poker and Internet gambling sphere: Illinois legislators released a proposed draft of its Internet gambling and online poker bill and California put forth its third attempt to legalize Internet poker. Illinois’ Online Poker and Internet Gambling Bill As we stated in

Illinois and California May Legalize Online Poker in the Near Future Read More »

Establishing Jurisdiction Over Internet Companies

The Supreme Court of Nebraska recently joined an increasing rank of courts across the country that require more than the simple operation of a commercially interactive website to assert jurisdiction over a defendant.  Since the dawn of the Internet age and the explosion of online businesses, courts have struggled with the question of precisely when

Establishing Jurisdiction Over Internet Companies Read More »

FTC Warns Businesses About Forthcoming COPPA Amendments

As we detailed in a post from December 2012, the Federal Trade Commission (FTC) adopted final amendments to its Children’s Online Privacy Protection Rule (COPPA), which will go into effect on July 1, 2013.  The amended rule will affect websites and mobile applications (apps) that collect or use information submitted by children under the age

FTC Warns Businesses About Forthcoming COPPA Amendments Read More »

FTC Settles with Service Provider over Robocall Violations

Robocalls Robocalls are telephone calls that use both a computerized auto-dialer and a computer-delivered pre-recorded message.  Robocalls tend to receive a heightened level of scrutiny under various state and federal telemarketing laws – and that scrutiny is expected to increase when new Telephone Consumer Protection Act (“TCPA”) rules take effect on October 16, 2013. Regulatory

FTC Settles with Service Provider over Robocall Violations Read More »

Lawmakers Pressure E-Cig Regulations

As detailed on this blog, the Food and Drug Administration (“FDA”) previously gave notice that it would publish its long-awaited electronic cigarette (“e-cig”) regulations in April 2013.   In accordance with these representations, we have closely monitored all FDA outlets for news of the proposed regulations.  At the end of April, we were disappointed to learn

Lawmakers Pressure E-Cig Regulations Read More »

Multilevel Marketing: How to Avoid Building the Pyramid

The most popular multilevel marketing (“MLM”) companies and brands have attained near-cultural icon status: Amway, Herbalife, Mary Kay, and Shaklee.  Many Americans are familiar with these brands, as well as some of the lesser-known variations that might have been introduced by an overzealous acquaintance, through an infomercial, or via the Internet.  The popularity of the

Multilevel Marketing: How to Avoid Building the Pyramid Read More »