Promotional contests and sweepstakes can be a cost-effective and dynamic marketing tool, especially when used in combination with Internet and mobile marketplaces. Despite the appeal, there are myriad state and federal laws that apply to such games, and any would-be sweepstakes operator could incur substantial legal liability if these laws are not followed closely. Games […]
Sweepstakes Laws, Rules and Legal Challenges Read More »
As discussed on this blog, earlier this year the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), which are set to go into effect on July 1, 2013. The COPPA amendments will have equally binding effects on both websites and mobile apps. New COPPA Requirements In essence, the
July’s New COPPA Requirements and Their Effect on Mobile Apps Read More »
In what may have been the final assault on class-action arbitration waivers, the United States Supreme Court ruled yesterday that the Federal Arbitration Act (“FAA”) does not permit courts to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim. Although the decision was brief, the reach of
Waivers of Class-Action Arbitration Enforceable Read More »
As detailed on this blog, the Food and Drug Administration (“FDA”) previously gave notice that it would publish its long-awaited e-cig regulations in April 2013. Despite those representations and the urging of several U.S. Senators, the FDA has still not issued the proposed e-cig regulations or published the promised list of dangerous chemicals found in e-cigs. In
UK E-Cig Regulations Revealed and the Impact on U.S. Regulation Read More »
As many of you are aware, earlier this year, New Jersey Governor Chris Christie signed an online gaming bill into law which, among other things, allows licensed service providers to operate online gaming websites so long as they are partnered with Atlantic City brick and mortar casinos. These service providers will deliver the technical framework
New Jersey Online Gaming Partners Must Be Secured by June 30th Read More »
While some businesses might be under the impression that posting a privacy policy on their web venue or mobile application (“app”) is of little importance, in truth, a well-crafted privacy policy is a key aspect of any Internet or mobile venture. Letting website/mobile app visitors know, via your privacy policy, what personally identifiable information you
Privacy Policies for Websites and Mobile Applications Read More »
In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines. By various accounts, TCPA filings are up 40-60% in 2013, compared to the same period in 2012. Papa John’s TCPA Settlement On May 17, 2013, Papa John’s delivered the latest headline, agreeing to pay up to $16.335 million to settle a
Papa John’s To Pay $16.335 Million To Settle TCPA Class Action Read More »
We have previously stated that the appeal of promotional contests and sweepstakes is as old as it is obvious: consumers are attracted, and motivated, by the allure of winning money and other prizes. However, companies large and small have fallen victim to the legal and regulatory pitfalls that plague this space. Most recently, a large
Supermarket Chain Fined $100,000+ for Sweepstakes Violation Read More »