September 20, 2018 In February of this year, the Federal Trade Commission (“FTC”) and Missouri State officials brought charges against a network of Kansas City area businesses (“Defendants”) which allegedly had used deceptive sweepstakes and other prize mailers to bilk consumers out of more than $100 million. The complaint alleges
July 30, 2018 Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan (“Raymour”), pursuant to a forum-selection clause contained in its Sweepstakes Official Rules (“Sweepstakes Agreement”). Evelyn Manopla, the Plaintiff named in the sweepstakes law class
April 6, 2018 Earlier this year, a federal district court in the State of Illinois certified a class action sweepstakes lawsuit in which an Illinois consumer alleged that HMI Industries, Inc., TD Bank, and A-1 Allergy Relief, Inc. violated the Illinois Prizes and Gifts Act, 815 ILCS 525/1, et seq.
March 8, 2018 After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC (“Kizzang”), the National Collegiate Athletic Association (“NCAA”) has requested recovery of over $242,000 in attorneys’ fees from Kizzang. Why is Kizzang footing the NCAA’s six-figure legal bill?
February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think
January 3, 2018 Recently, the fast food sandwich chain Subway agreed to discontinue certain sweepstakes advertising practices in response to a Children’s Advertising Review Unit (“CARU”) inquiry. What prompted CARU’s investigation of Subway’s sweepstakes advertising practices?
October 19, 2017 Mobile App Sweepstakes Are an Effective Tool for Business Owners Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers. In
September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers. Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance
June 7, 2017 Prize promotion and risk management company SCA Promotions, Inc. (“SCA”) recently asked the Fifth Circuit to overturn a Dallas federal court’s judgment on appeal in SCA’s March Madness sweepstakes lawsuit against Yahoo! Inc. (“Yahoo”). How can contest and sweepstakes sponsors protect themselves?
May 12, 2017 Last month, a federal district court in San Francisco dismissed the preemptive lawsuit of Contest Promotions, LLC (“Contest Promotions”), which had hoped to establish the legality of its sweepstakes marketing signs under applicable local law. How can a sweepstakes lawyer help keep promotions legally compliant?
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