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Proposed Gambling Law Revision Aimed at Protecting Washington State Gaming Industry

January 30th, 2020 This month, the Washington State Senate and House of Representatives each released separate proposed bills – House Bill 2720 and Senate Bill 6568 – aimed at changing Washington’s gambling law. In response to the Ninth Circuit’s 2018 decision in Kater v. Churchill Downs Inc., Washington State’s legislature is attempting to redefine what […]

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Cruise Company Defendants Settle FTC-Alleged TSR Violations

Blog, Telemarketing Law / David Klein

A call center and three (3) individuals associated with a telemarketing effort on behalf of Grand Bahama Cruise Line LLC (“GBCL”) recently settled alleged TSR violations of the Telemarketing Sales Rule (“TSR”) with the Federal Trade Commission (“FTC”). The FTC intends to litigate this matter against the remaining seven (7) defendants in federal court, including

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CCPA Law: The Private Right of Action

Blog, Data & Privacy Law, Online Marketing & Advertising Law / David Klein

As readers of this blog know, the California Consumer Privacy Act (“CCPA”) recently went into effect on January 1, 2020. While the California Attorney General will not bring enforcement actions prior to July 1, 2020, the CCPA’s private right of action is now in full effect. This private right of action provides California consumers with

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TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit

Blog, Telemarketing Law / David Klein

A California-based marijuana delivery company, Eaze Technologies, Inc. formerly known as Eaze Solutions, Inc. (“Eaze”), is seeking to have Telephone Consumer Protection Act (“TCPA”) violation claims against it sent from federal district court to arbitration. If Eaze obtains a ruling in its favor, it would follow a nationwide trend in TCPA law involving courts enforcing

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No Pimping: Trademark Law Protects the Goodyear Blimp

Blog, Data & Privacy Law, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

On January 2, 2020, the Goodyear Tire & Rubber Company (“Goodyear”) and the Illinois-based punk rock band, The Pimps, a/k/a The Good Year Pimps (“The Pimps”), entered into a settlement agreement to resolve allegations that The Pimps: (1) had breached a previous settlement agreement entered into between the parties; (2) were infringing on Goodyear’s trademark

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Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

Blog, Data & Privacy Law, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

December 30th, 2019 Over the years, the estate of Bruce Lee, organized under the corporate name of Bruce Lee Enterprises, LLC (“BLE”), has endeavored to protect the Bruce Lee brand by filing various lawsuits throughout the world. BLE’s latest lawsuit seeks $30 million from the Chinese-based restaurant chain, Kungfu Catering Management (“KCM”), for its alleged

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FCC Clarifies TCPA Fax Exemption

Blog, Internet Law, Online Marketing & Advertising Law, Telemarketing Law / David Klein

December 27th, 2019 In an important decision concerning the Junk Fax portions of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) recently issued a declaratory ruling clarifying the scope of the TCPA fax exemption. The ruling came in response to a petition filed by Amerifactors Financial Group, LLC (“Amerifactors”) requesting clarification from

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University of Phoenix Settles FTC Deceptive Advertising Law Allegations

Blog, Online Marketing & Advertising Law / David Klein

December 12th, 2019 On December 10, 2019, the Federal Trade Commission (“FTC”) announced a settlement with the University of Phoenix and its parent company, Apollo Education Group (“AEG”), for $191 million dollars. This $191 million dollar settlement is the “largest settlement the FTC has ever obtained against a for-profit school.” This settlement is the culmination

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