On December 14, 2020, the Federal Communications Communication (“FCC”) issued an Order on Reconsideration (“Order”) overturning a 2016 decision that allowed federal government contractors to robocall consumers without their prior express consent. The Order updated the FCC’s previous interpretation of the Telephone Consumer Protection Act (“TCPA”). Now, the FCC has
W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of
As its name suggests, the Telephone Consumer Protection Act of 1991 (“TCPA”) was drafted, debated, passed, and signed into law well before cell phones became ubiquitous. It is, therefore, unsurprising that the statutory language of the TCPA does not expressly state whether the law applies to text messages. This was
The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition. For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer
Are you interested in running a contest or sweepstakes campaign as a means to engage with new and existing customers? Crafting a successful contest or sweepstakes promotion can increase interest in your brand and grow your customer base. However, if you are not familiar with sweepstakes and contest law, you
The Federal Communications Commission (“FCC”) is in the process of evaluating whether to issue a declaratory ruling which would provide clarification on if and how companies are permitted to respond to consumer TCPA opt-out requests. Such guidance offers the promise of providing much needed certainty to businesses trying to more
The Federal Trade Commission (“FTC”) has settled an investigation into the business practices of A.S. Research, LLC (“A.S. Research) for allegedly making false and misleading health claims in connection with its advertising and sale of the supplement Synovia. 13,221 consumers who bought Synovia will receive checks totaling $774,755. The settlement
As readers know, on November 3, 2020, California State voters passed Proposition 24, better known as the California Privacy Rights Act (“CPRA”). The CPRA significantly changes California’s privacy landscape, which was still developing after the recent enactment of the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA’s history
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