A recent ruling by the United States District Court for the District of Utah points towards a nationwide shift in the interpretation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). The Court ruled that where an unsolicited marketing email message contains a generic proxy registration name (where the registrant’s true […]
Proxy Domain Registration May Violate the CAN-SPAM Act Read More »
As you know, we have been carefully following the progress of potential online poker laws in several states, including Massachusetts, Louisiana and Nevada. Below is an update on the status of the respective state legislation: Massachusetts’ Online Poker Addendum Deemed Unconstitutional As we detailed in April, the Massachusetts’ legislature attached an addendum to its 2014 fiscal
State-Specific Online Poker Legislation Updates Read More »
The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again. The Federal Court for the Western District of Wisconsin recently ruled that a defendant may be held liable for violating the TCPA, even
Recent TCPA Case Is a Cautionary Tale for Telemarketers Read More »
If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for robocalls and
How to Obtain Consumer Consent under the TCPA Read More »
Bucking the prevailing trend of courts throughout the country, the Supreme Court of the State of Illinois recently held that damages under the Telephone Consumer Protection Act of 1991 (“TCPA”) are meant to be remedial in nature and not punitive. The holding has clear implications for businesses that find themselves subject to TCPA litigation and
TCPA Damages Are Remedial, Not Punitive Read More »
Despite the lack of support for a federal online poker bill introduced last year in the U.S. Senate, and amid rumors of Rep. Peter King (R-NY) proposing a new federal online poker bill, there is now an indication that Rep. Joe Barton (R-TX) may introduce another federal Internet poker bill as early as June. Federal Online Poker Bill According to the
Federal Online Poker Bill Coming Soon? Read More »
As we have detailed in many posts and legal articles, the Telephone Consumer Protection Act (“TCPA”) provides for, among other things, statutory damages to individuals who receive unsolicited text messages to personal cell phones – unless the messages are sent for emergency purposes or the recipient has given his or her express consent to receive
Steve Madden Settles TCPA Violations for $10 Million Read More »
On May 21, 2013, the United States Court of Appeals for the Eighth Circuit issued a decision that troubled the very judges who wrote it. In a case involving the Telephone Consumer Protection Act of 1991 (the “TCPA”), the Circuit Court ruled that permissive, or “consented to” facsimile (“fax”) advertisements (that is, where the sender
Fax Advertisements Must Contain TCPA Opt-Out Language Read More »