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FTC Approves Health Supplement Deceptive Advertising Settlement

On August 21, 2014, the Federal Trade Commission (“FTC”) approved a final order (the “Order”) settling false advertising claims against i-Health, Inc. and Martek Biosciences, respectively (collectively the “Marketers”). Specifically, the FTC alleged that the Marketers made use of unsupported health benefit claims concerning their “BrainStrong Adult” dietary supplement in their product marketing. Pursuant to […]

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Fantasy Sports in Kansas May Be Illegal

Leave a Comment / Journal / David Klein

As our readers are aware, the legality of fantasy sports contests is determined by two things: 1) the laws of the individual states in which the participants are located; and 2) the rules and features of the contests themselves. In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act (“UIGEA”) created a specific

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Federal Court Denies Preliminary Approval of TCPA Class Action Settlement

Leave a Comment / Journal / David Klein

While most class action settlements are awarded preliminary approval (as long as they are deemed fair, adequate and reasonable), a Florida federal court recently rejected a class action settlement as inadequate in an action involving alleged junk faxes sent in violation of the Telephone Consumer Protection Act (“TCPA”). The Class Action: Background In Physicians Healthsource,

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What’s Next for E-Cigs?

Leave a Comment / Journal / David Klein

As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year. Since releasing the draft regulations, the FDA has received over 70,000 formal comments, including a letter submitted by 29 state attorneys general seeking additional marketing regulations. Now that the comment period has ended, what’s next

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More on TCPA “Autodialers”

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). (See Courts Split Over Definition of “Autodialer” Under TCPA). One Massachusetts federal court has further broadened the definition of ATDS under the TCPA. In Davis v. Diversified Consultants, Inc.,

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Courts Split Over Definition of “Autodialer” Under TCPA

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find that Yahoo!, Inc. (“Yahoo”) used an automatic telephone dialing system (“ATDS”) in violation of the Telephone Consumer Protection Act (“TCPA”) simply because its equipment had the capability to store telephone

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In Upholding the Constitutionality of the TCPA, Court Narrowly Construes Autodialer Definition

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act (“TCPA”) in an action involving the alleged use of an autodialer in calling the plaintiff’s mobile phone seeking paid participation in a survey. The Constitutionality of the TCPA In De Los Santos v. Millward

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Daily Fantasy Sports Games Proliferate: USA Today and Sports Illustrated Suit Up

Leave a Comment / Journal / David Klein

Daily Fantasy Sports Games in the USA? As discussed numerous times on this site, the legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, varies state by state, and can be considered illegal gambling under certain circumstances, depending on the jurisdiction. While there is an exemption under federal

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