BBB Will Enforce New Consumer Disclosure Requirements

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The Better Business Bureau (“BBB”) has quietly been asserting more influence over mobile and Internet marketing practices over the past year, endorsing several self-regulatory principles drafted by the Digital Advertising Alliance (“DAA”), a nonprofit organization comprised of some of the largest media and marketing trade associations in the U.S.  Now, for the first time, the […]

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New TCPA Petitions May Be More Good News for Telemarketers

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The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded

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Finally, Some Good TCPA News for Telemarketers . . . ?

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As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits.  Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer

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TCPA Action against Sallie Mae Dismissed Due to Binding Arbitration Agreement

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A TCPA action that was filed in Massachusetts federal court against Sallie Mae, Inc. was recently dismissed because of the arbitration clause contained in the promissory notes that the plaintiff electronically signed when she secured three student loans. Background: Auto-Dialed Debt Collection Calls Each promissory note contained an arbitration provision that required any claims relating

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Dietary Supplement Provider Sued for Deceptive Marketing

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Despite the Federal Trade Commission’s (“FTC”) recent focus on unsolicited telemarketing campaigns, it has not backed off in its effort to reduce deceptive marketing campaigns.  On October 21, 2013, the Federal Trade Commission (“FTC”) filed a complaint against several sellers of human chorionic gonadotropin (“HCG”), claiming that deceptive marketing techniques were used to market the

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Flavored E-Cig Regulations May Be Coming Soon for New York City

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In addition to monitoring the progress of the Food and Drug Administration’s (“FDA”) federal e-cig regulations, we have also kept our eyes focused on state-specific e-cig regulations.  As we previously noted, under Mayor Michael Bloomberg’s direction, New York City has contemplated heavily regulating flavored e-cigs throughout the City.  We have recently learned that the New York City

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Are You Prepared for California’s Strict New Internet Data Privacy Laws?

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In late September, California enacted several laws that place stricter requirements on operators of websites and other online services that collect certain information about California residents.  These Internet data privacy laws will go into effect on January 1, 2014.  One of the laws focuses on cookies, small files that are stored on users’ computers to

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