On November 15, 2023, the Federal Communications Commission (“FCC”) voted in favor of undertaking a formal inquiry to evaluate the impact that artificial intelligence (“AI”) technology will have on Telephone Consumer Protection Act (“TCPA”) litigation and illegal robocalls. As readers of this blog know, the word “robocall” does not have a universally accepted definition, with […]
The Impact of AI on TCPA Litigation Read More »
On August 8, 2023, PENN Entertainment (“PENN”) and ESPN announced a groundbreaking sports gambling licensing arrangement. In exchange for $1.5 billion cash and additional stock warrants, ESPN will grant PENN the exclusive right to use ESPN’s trademark for its United States sports gambling operation. The arrangement will last ten years, with an option to extend
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In late August, DraftKings was fined $94,440 in Maryland for allegedly advertising to underage fantasy sports players. A little over one month later, PointsBet was fined $25,000 in New Jersey for undisclosed gambling advertising violations. It is admittedly difficult for gambling advertising companies to manage compliance with numerous and differing regulations across state lines. However,
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As readers of this blog will recall, numerous federal agencies announced a crackdown on the marketing industry, specifically with respect to Telephone Consumer Protection Act (“TCPA”) compliance, in July of this year. On November 1, 2023, the Office of the Comptroller of the Currency (“OCC”) became the latest agency to join in the campaign by
OCC TCPA Compliance Procedures Updated Read More »
The United States Supreme Court (“SCOTUS”) has been asked to revisit its landmark TCPA autodialer ruling from 2021. Following a victory by Reward Zone USA, LLC at the Ninth Circuit Court of Appeals, Lucine Trim recently filed a petition for a writ of certiorari arguing that courts have been misinterpreting and misapplying the SCOTUS-refined ATDS
TCPA Autodialer Definition to be Expanded by SCOTUS? Read More »
On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. Suski. Before the Court is the issue of whether silence as to arbitration in Coinbase’s Sweepstakes Contest Rules affects the arbitration clause contained in its User Agreement. In general, companies prefer to arbitrate consumer complaints because it
SCOTUS to Decide Whether Coinbase Sweepstakes Matter Goes to Arbitration Read More »
On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
On October 24, 2023, the Subcommittee on Communications, Media and Broadband, held a hearing titled “Protecting Americans from Robocalls.” The Senators from the Subcommittee questioned business representatives and consumers alike concerning the impact of receiving unwanted telemarketing calls. It was made clear at the hearing that the Federal Communications Commission (“FCC”) and the Department of
AI and TCPA Litigation Read More »
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