TCPA text

TCPA Text Class Action Against Wolf of Wall Street Dismissed

Blog, Telemarketing Law /

On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan Belfort.This class action complaint alleged that Jordan Belfort a.k.a. “The Wolf of Wall Street,” and his company, Global Motivation, Inc (“GMI”), had sent marketing communications […]

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website recording

California Court Holds That Website Recording is NOT Wiretapping

Blog, Telemarketing Law /

On December 22, 2022, the United States District Court for the Northern District of California granted the motion to dismiss filed by Defendants, What If Holdings LLC (“What If”) and ActiveProspect Inc. (“ActiveProspect”). Plaintiff, Loretta Williams, alleged in her complaint that while visiting a website owned by What If, TrustedForm (an ActiveProspect website recording software

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FTC health

New FTC Health-Related Advertising Guidelines Released

Blog, Online Marketing & Advertising Law /

Marketing companies take notice: on December 20, 2022, the Federal Trade Commission’s (“FTC’s” or “Agency’s”) Bureau of Consumer Protection released a 40-page, comprehensive Health Products Compliance Guidance (the “Guide”). The new Guide is considered to be a significant update to the earlier 1998 version, Dietary Supplements: An Advertising Guide for Industry.The FTC Health-related advertising guide is comprehensive

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autodialer

9th Circuit Applies Precedent: TCPA Autodialers Must Actually Generate Telephone Numbers

Blog, Telemarketing Law /

Brickman v. United States On February 12, 2016, Mr. Colin Brickman filed a class action lawsuit against Meta Platforms, Inc. (“Meta”), alleging that Meta violated the TCPA “autodialer” provision by sending unsolicited “Birthday Announcement” text messages.  Brickman alleged that the subject texts violated the TCPA by using a random or sequential number generator to store

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telemarketing

First Circuit Vacates Massive TCPA Class Action Settlement Due to Conflict

Blog, Telemarketing Law /

The First Circuit Court of Appeals recently issued a stunning opinion, vacating a $14 million Telephone Consumer Protection Act (“TCPA”) class action settlement. In Murray v. Grocery Delivery E-Services USA Inc, the Court decided that a potential conflict existed in class counsel’s representation of different class members. Two well-established procedural requirements of class certification are

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sweepstakes rules

Do Sweepstakes Rules Need a Mandatory Arbitration Clause?

Blog, Sweepstakes & Gaming Law /

The short answer is a resounding, Yes! Many of our blogs that cover sweepstakes rules often focus on the material provisions that should be contained in contest rules, including, eligibility, means of entry, prizes, duration of the sweepstakes, etc. A recent Ninth Circuit Court of Appeals decision highlights yet another important provision that must be

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clear and conspicuous

New York AG: Marketing to Consumers Must be Clear and Conspicuous!

Blog, Online Marketing & Advertising Law /

Companies that market products and services to New York State consumers must be sure that their advertising efforts are lawful and above board. Any significant terms and conditions relating to a consumer purchase should be presented in a clear and conspicuous manner such that the average consumer can recognize and understand them. Businesses that engage

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