Federal Court’s Certification of TCPA Class for Alleged Text Message Spam May Result in Numerous Copycat Class Actions

The Telephone Consumer Protection Act, 42 U.S.C. §§ 227 et seq. (“TCPA”) provides for, inter alia, statutory damages to individuals who receive unsolicited telemarketing calls, unsolicited faxes, prerecorded calls or autodialed calls. The TCPA has been interpreted in recent years to also prohibit the sending of unsolicited text messages to personal cell phones – unless

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Firefox Patch to Block Third Party Cookies

A new patch developed by Mozilla for its Firefox web browser will block third-party advertising cookies by default, which will greatly hinder the ability of third-parties to track Firefox users’ online activities.  Prior versions of the Firefox browser enabled users to manually turn-off cookies, but the new patch automatically blocks cookies.  A “cookie” is a

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Nevada Passes Law that Allows for Interstate Online Poker

Late last week, Nevada Governor Brian Sandoval signed into law a watershed amendment to the State’s online poker law. The law, as amended, is the first of its kind to allow for interstate poker online.  Specifically, the amendment permits the governor to reach agreements with other states that legalize online gaming to allow for joint

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FTC Settles with Telemarketer over Robocalling Violations

Robocalls – or, telephone calls that use both a computerized autodialer and a computer-delivered pre-recorded message – receive a heightened level of scrutiny under various state and federal telemarketing laws.  As part of the increased regulatory focus on robocalls, the FTC brought charges against Roy M. Cox, Jr. and several related companies, alleging violations of

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Lawsuit Has the Potential to Provide a Landmark Ruling for Fantasy Sports

In 2012, a little heralded lawsuit, Langone v. Kaiser & Fan Duel, was filed.  In this case, the plaintiff is seeking to recover third-party losses from the website Fan Duel in connection with daily fantasy sports contests run on the Fan Duel website.  At issue is the legality of daily – or other short term

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FTC Orders Beverage Company to Change Labeling

In early October 2011, the Federal Trade Commission (“FTC”) brought charges against Phusion Projects, LLC, the maker and distributor of popular malt beverage Four Loko, alleging deceptive marketing practices for failing to properly disclose the alcohol content in its beverages.  In particular, the FTC focuses on the Four Loko labeling and associated marketing materials which

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