Discovery Basics What happens if you have been named in a lawsuit alleging a violation of the Telephone Consumer Protection Act (“TCPA”)? Usually, after the plaintiff serves the complaint and the defendant files an answer or a motion to dismiss the case, the parties will engage in TCPA discovery. Pursuant to the Federal Rules of […]
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Virtually every business has an online presence today. Because of this, the importance of generating website traffic cannot be overstated — it is integral, and paramount to, increasing earnings. How can a company improve its visibility and attract new users to its website? One way is to set up an effective sweepstakes promotion! Please note,
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Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have
California’s False Advertising Laws and the “On Sale” Price Read More »
Barstool Sports (“Barstool”) has ceased its “Can’t Lose Parlay” promotion after facing scrutiny for possibly violating Massachusetts gambling advertising laws. Barstool is a sports and pop culture digital media company that has become especially popular on social media. Barstool launched Barstool Sportsbook MA when online sports betting was legalized in the State on March 10,
Barstool Sports Cited for Possibly Violating Massachusetts Gambling Advertising Laws Read More »
States continue to move forward in promulgating consumer data privacy laws and accompanying regulations. Currently there are five states with comprehensive laws on their books, and Iowa is now poised to become the sixth. Both chambers of the Iowa State Legislature unanimously voted to approve Senate File 262. Businesses have wisely anticipated the various new regulations
Colorado Finalizes Consumer Privacy Act Regulations Read More »
On March 13, 2023, the Eleventh Circuit Court of Appeals agreed to rehear the issue of whether a single unsolicited text message confers standing under the Telephone Consumer Protection Act (“TCPA”). This is an important issue for all TCPA text message lawsuit defendants. As background, Plaintiffs filed this class action lawsuit in the Southern District
TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing? Read More »
On March 9, 2023, Limitless X Inc. (“Limitless”) was sued in the Eastern District of New York for allegedly violating the National Do Not Call (“DNC”) law. The DNC registry was enacted by the Federal Trade Commission (“FTC”), with the help of the Federal Communications Commission (“FCC”), under the authority granted to it by the
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Sweepstakes promotions are sweeping the nation. With each month and season comes a new and innovative contest. Entities in the not-for-profit sector are getting in the game as well! From Draft Kings, to the National Collegiate Athletic Association (“NCAA”), to the Queens Public Library and countless others, if you’re not running a sweepstakes promotion, you
Sweepstakes Law: A Primer on How to Run Compliant Promotions Read More »