prerecorded calls

SNOOP DOGG’S VOICE USED TO SEND PRERECORDED CALLS?

On September 27, 2023, Ms. Qiana Martin filed a lawsuit on behalf of herself and other similarly situated individuals against Bottom Line Concepts, LLC (“BLC”) in the Southern District of New York. The Complaint alleges that BLC delivered prerecorded calls to consumers, without consent, in violation of the Telephone Consumer Protection Act (“TCPA”). Specifically, the […]

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marijuana marketing

Juana Sell Weed? New York Announcement Creates Major Marijuana Marketing Opportunities

On October 4, 2023, New York Governor Kathy Hochul announced the largest expansion of the State’s legal marijuana market to date. As our readers are aware, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The Office of Cannabis Management (“OCM”) was established under the MRTA

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Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023!

As readers of this blog will recall, Connecticut Governor, Ned Lamont, signed SB1058 into law on June 26, 2023, which both added to, and amended, Connecticut’s telemarketing law. Most notably, beginning on October 1, 2023, Connecticut now allows for up to $20,000 per violation of its strict telemarketing regulations.   Key Points to Remember About

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cannabis marketing

Keep it Rollin’: Court Grants Joint Petition Submitted by Cannabis Marketing Company

Last week, the New York State Supreme Court for the County of Albany approved a Petition submitted by LeaflyHoldings, Inc. and co-petitioners (“Leafly”), staying cannabis marketing regulations that were recently enacted by the Office of Cannabis Management (the “OCM”). As our readers are aware, the Marihuana Regulation & Taxation Act (“MRTA”) was enacted in 2021, legalizing adult-use cannabis in New York State. The OCM was established under the MRTA

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New York telemarketing

Crackdown on New York Telemarketing Continues 

Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into law by Governor Kathy Hochul that amended the State’s General Business Law, Section 399-z, the law that established The “No Telemarketing Sales Calls Statewide Registry.” As readers of our blog know, marketing companies’ practices must

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TSR violation

Lead Generator Found Liable for Major TSR Violations

On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission (“FTC’) partial summary judgment against Day Pacer LLC and associated defendants (collectively “Day Pacer”). The Court found that Day Pacer violated the Telemarketing Sales Rule (“TSR”) by: 1) placing millions of telephone calls

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website accessibility

United States Supreme Court to Review Important Website ADA Lawsuit

Currently pending before the United States Supreme Court is the matter of Acheson Hotels, LLC v. Laufer. The primary issue in Laufer is whether a self-appointed Americans with Disabilities Act (“ADA”) “tester” has Article III standing to sue a hotel chain for its alleged failure to provide disability accessibility information on its website, even if

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Dairy Queen trademark infringement

Dairy Queen Loses Trademark Infringement Lawsuit 

American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent

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