TCPA standing

ELEVENTH CIRCUIT: A SINGLE TEXT MESSAGE CONFERS TCPA STANDING

On July 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision in Drazen v. Pinto, holding that receipt of a single unsolicited text message confers Telephone Consumer Protection Act (“TCPA”) standing. As readers of this blog know, the Court agreed to rehear this issue back in March.  As […]

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sports wager marketing

AGA Updates Code to Enhance Sports Wagering Marketing Restrictions 

The American Gaming Association (“AGA”) recently updated its Responsible Marketing Code for Sports Wagering (the “Code”). The AGA is a trade group comprised of  United States commercial and tribal casino operators, suppliers, vendors, and other affiliated entities. The Code is a publication of the AGA’s self-imposed restrictions on sports wagering marketing. It is intended to

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ai telemarketing

AI Telemarketing Robot Fights Telemarketing Calls

With each day that passes, artificial intelligence continues to find new ways to enter everyday life. The latest comes in the form of artificial intelligence (“AI”) that targets telemarketing. A man from California created an AI-powered chatbot (named Jolly Roger), with the sole purpose of tricking telemarketers into thinking that they are speaking with a

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FTC telemarketing

FTC Telemarketing Crackdown Sends Major Warning to Industry

On July 18, 2023 the Federal Trade Commission (“FTC” or the “Commission”) announced that it has been working with more than 100 federal and state law enforcement partners to crack down on widespread deceptive telemarketing practices. The joint initiative, known as “Operation Stop Spam Calls,” has already resulted in lawsuits against companies that place prerecorded

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automatic renewal law

NEW CONNECTICUT AUTOMATIC RENEWAL LAW TAKES EFFECT THIS FALL!

In the past several years, a handful of states around the country have enacted laws governing the use of automatic renewal and continuous service provisions in consumer agreements. Most recently, Connecticut enacted Public Act No. 23-191 (“Connecticut’s Automatic Renewal Law”), which will go into effect on October 1, 2023. Connecticut’s Automatic Renewal Law prohibits the

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Connecticut telemarketing

Revised Connecticut Telemarketing Law Signed Into Law

On June 26, 2023, Connecticut Governor Ned Lamont signed SB1058 into law, which both amends and adds to Connecticut’s telemarketing law. The amendments go into effect on October 1, 2023. As discussed below, there are several significant revisions to Connecticut’s telemarketing law. Unlike the Telephone Consumer Protection Act (“TCPA”) and many of its state level

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endorsement agreement

FTC Guides Updated – Are Your Endorsement Agreements up to Date?

Last week, the Federal Trade Commission (“FTC” or the “Commission”) announced that it had adopted its revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Guides”). The primary purpose of the Guides is to ensure that businesses comply with the FTC Act by entering into endorsement agreements centered around truthful advertising. In

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