The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive publicity through the publication of the winner’s name and likeness. Prior to awarding the prize and making an announcement as to the identity of […]
Sweepstakes Winner Affidavits Read More »
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking work-from-home arrangements, deceptive potential earnings claims are becoming more problematic. Earnings claims are especially prevalent in the multi-level marketing (“MLM”) and money-making
FTC Takes Aim at Deceptive Earnings Claims Read More »
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with websites. This decision seemingly dealt a death blow to the viability of future Internet-specific MWA claims. However, a recent lawsuit initially
Federal Wiretapping Claims – The Next Frontier? Read More »
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act (“TCPA”) defendants. In the Lawson proceeding, Plaintiff sued Defendant for allegedly calling him, at least four times, without consent. In his
TCPA Lawsuits Should Be Closely Scrutinized Read More »
A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act (“TCPA”) claim against American Family Life Assurance Company, Inc. (“AFLAC”) for allegedly placing unsolicited telephone calls to consumers whose phone numbers appeared on the National Do Not Call Registry (“National DNC”). Plaintiff, whose number was on the National
Insurance Company Hit With TCPA Claim Read More »
The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week over a challenge to the rule brought by Insurance Marketing Coalition Limited. The challengers were greeted with judges who appeared more than sympathetic to their
One-to-One Consent Rule Oral Argument Goes Well For Industry Read More »
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded trucking-related marketing calls without first obtaining prior express written consent from recipients. As our readers are aware, these allegations, if they had been proven
Trucking Marketing Communications are Subject to Various Regulations! Read More »
On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis v. Rockloans Marketplace, LLC, the Court granted Defendant’s Motion to Dismiss, in part,finding that Defendant had not placed prerecorded voice calls to Plaintiff in violation of the Telephone Consumer Protection Act(“TCPA”). As our readers are aware, the TCPA makes it unlawful “to initiate any telephone call to any residential telephone line using an artificial
Prerecorded Voice Claims Must be Factually Supported Read More »