As we previously reported, the online merchant Overstock.com, Inc. (“Overstock”) was sued several years ago in the Superior Court of the State of California by district attorneys from numerous California counties. On January 3, 2014, the Court issued a tentative ruling and proposed statement of decision, finding that Overstock made untrue and misleading comparative advertising […]
The Judgment is In: Overstock.com Comes Up Empty Read More »
Last year, an Illinois State bill was introduced that would have legalized online poker within the State. Despite having some early success in the State Senate, the Illinois online poker bill died on the floor of the Illinois House of Representatives following some unfavorable remarks by Illinois Governor, Pat Quinn. Since this time, no other
Court Dismisses Illinois Online Poker Case Read More »
Home security and telemarketing company Versatile Marketing Solutions, Inc. (“VMS”) recently entered into a $3.4 million settlement agreement with the Federal Trade Commission (“FTC”) to resolve a complaint filed against it in the United States District Court for the District of Massachusetts alleging violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act. Pursuant
Beware When Using Telemarketing Lead Generators Read More »
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. The October 16, 2013 Amendments and the often liberal interpretation of the TCPA by Courts and the Federal Communications Commission (“FCC”) has further emboldened TCPA class action plaintiffs.
What To Do When You Are Served With a TCPA Class Action Lawsuit Read More »
On February 19, 2014, a judge for the United States District Court for the Northern District of California held that Wellness Support Network, Inc. (“WSN”) had violated Sections 5(a) and 12 of the Federal Trade Commission Act (the “FTC Act”), and awarded the Federal Trade Commission (“FTC”) the full amount of net sales WSN made
FTC Awarded Full Amount of Net Sales in False Advertising Lawsuit Read More »
On February 27, 2014, the United States District Court for the Western District of Washington ruled that a plaintiff who provided his mobile telephone number in connection with registering for a local car-sharing service gave “prior express consent” (within the meaning of the Telephone Consumer Protection Act (“TCPA”)) to be contacted via text message by
Another TCPA Class Action Dismissed on “Prior Express Consent” Grounds Read More »
Much like the recent actions taken by the New York Attorney General, the Federal Trade Commission (“FTC”) has been cracking down on fake online review practices. According to the FTC’s Product Endorsement and Testimonial Guidelines, it is a violation of the FTC Act where advertisers use testimonials if they are not accompanied by generalized information
ADT Settles Fake Online Review Suit with FTC Read More »
On February 26, 2014, a federal judge for the United States District Court for the Western District of Washington rejected an attempt to settle a class-action Telephone Consumer Protection Act (“TCPA”) lawsuit against Best Buy. The lawsuit was commenced in April, 2010. The parties began negotiating a settlement in April of 2013 and by December
Federal Judge Rejects TCPA Class Action Settlement Read More »