Griffin Finan

Griffin Finan

Jeff Ifrah

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Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

4/17/2014 - Data Mining FTC Jerk

TCPA Litigation Explosion Leads to Rule Clarifications

Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA...more

4/11/2014 - Cargo Airline Association FCC GroupMe Mobile Privacy Notification TCPA Telephone Sales

Report from Energized iGaming Conference

The iGNA March 2014 conference in Las Vegas started off with a bang. The conference boasted roughly double the attendance of last year’s conference. People were drawn to the vibrant and comprehensive panels....more

3/25/2014 - Gambling Gaming IGaming

Live Report From iGNA 2014 – Is iGaming The Problem or The Solution?

This afternoon at the iGaming North America 2014 conference an interesting panel, “Visionaries’ Perspective—Is i-Gaming the Problem or the Solution?” explored two vastly divergent viewpoints on online gaming in the United...more

3/20/2014 - Gambling Gaming I-Gaming

Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?

Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in...more

3/7/2014 - E-Cigarettes

TCPA Not Violated When Consumer Voluntarily Provided Number to Business

A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone...more

2/7/2014 - Cell Phones FCC Marketing Prior Express Consent TCPA Telecommunications Telemarketing Texting

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its...more

2/3/2014 - False Claims Act Misleading Statements Overstock.com Settlement Websites

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

12/17/2013 - Amazon Communications Decency Act eBay Facebook Free Speech Google Jury Awards Libel Microsoft Safe Harbors Social Media TheDirty.Com Twitter User-Generated Content Yahoo!

Peugh Ruling Affirms Sentencing Guidelines at the Time of the Crime are Applicable

In a key sentencing decision handed down this year, the United States Supreme Court held that the Ex Post Facto Clause is violated when a defendant is sentenced under provisions of the Federal Sentencing Guidelines...more

11/15/2013 - Ex Post Facto Clause Federal Sentencing Guidelines SCOTUS Sentencing

LegalZoom and Rocket Lawyer Case over Misleading Advertising Heads to Trial – When is “Free” Really “Free”?

Last week, a federal judge in California declined to grant a summary judgment motion to LegalZoom.com, Inc., in its lawsuit accusing rival Rocket Lawyer, Inc. over claims of trademark infringement, unfair competition, and...more

10/28/2013 - Advertising False Advertising Infringement Misleading Statements Trademark Litigation Trademarks Unfair Competition

FDA Regulations on the Horizon for Billion Dollar E-Cigarette Industry

In September, 40 state attorneys general wrote to the U.S. Food and Drug Administration (FDA) asking the agency to take all available measures to issue regulations on the advertising, ingredients, and sale to minors of...more

10/24/2013 - FDA Smokers

Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada

Imagine a poker player who played an extraordinary amount of video poker and in doing so discovered a software bug that would allow him to achieve significant payouts through a series of unusual moves. These moves would...more

10/16/2013 - Computer Fraud and Abuse Act Fraud Poker

Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry

Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick...more

10/10/2013 - Fantasy Sports Gambling Sports Betting Subject Matter Jurisdiction

FTC Takes First Enforcement Action on ‘Internet of Things’

A company that markets video cameras that are designed to allow consumers to monitor their homes remotely has agreed to settle charges with the FTC that it failed to properly protect consumers’ privacy. This marks the FTC’s...more

9/30/2013 - Enforcement Actions FTC Internet Privacy Policy

Appeals Court Rules TCPA Does Not Violate First Amendment

The U.S. Court of Appeals for the Fourth Circuit recently ruled that the Telephone Consumer Protection Act (TCPA) does not violate the First Amendment by requiring robocallers to identify themselves when making calls....more

9/17/2013 - First Amendment Free Speech Robocalling TCPA

Divided Appeals Court Overturns N.J. Sports Betting Law: Is Supreme Court Next Stop?

Today the U.S. Court of Appeals for the Third Circuit affirmed a district court decision from New Jersey invalidating New Jersey’s sports betting law. The decision marks a setback in New Jersey’s efforts to implement sports...more

9/17/2013 - Gambling Sports Sports Gambling

Appeals Court Rules Consumers Can Revoke Consent Under TCPA

On August 22, 2013, the U.S. Court of Appeals for the Third Circuit ruled unanimously that under the Telephone Consumer Protection Act (TCPA), consumers may withdraw their consent to have robo-callers call them....more

8/29/2013 - Consent Dell FCC Revocation Robocalling TCPA

New TCPA Changes Going into Effect Soon – What They Mean

On October 16, 2013, two changes will go into effect in the rules implementing the federal Telephone Consumer Protection Act (TCPA). Importantly, these rules impose stricter requirements on mobile messaging and prerecorded...more

8/28/2013 - Compliance FCC New Regulations TCPA

Law Enforcers Place Online Payday Lenders in Their Cross Hairs

At least six federal agencies, including the U.S. Department of Justice (DOJ), the Consumer Protection Financial Bureau (CFPB), and the Federal Trade Commission (FTC), are currently coordinating a broad crackdown of the...more

8/14/2013 - CFPB Compliance DOJ Enforcement Fraud FTC Payday Loans

Did Florida Accidentally Outlaw All Smartphones?

A lawsuit recently filed by Incredible Investments, LLC, owned by entrepreneur Consuelo Zapata, alleges that the language in a recently enacted Florida law that was intended to shut down Internet cafes and slot machines has...more

8/8/2013 - Gambling Internet Cafes New Legislation Slot Machines Smartphones

Andrew Auernheimer Appeals Hacking Conviction

Earlier this week, attorneys for convicted computer hacker Andrew “Weev” Auernheimer filed their opening brief in their appeal to the U.S. Court of Appeals for the Third Circuit to have his conviction overturned....more

7/5/2013 - Appeals AT&T CFAA Convictions Hackers

Appeals Court Hears Argument on N.J. Sports Betting Law, With Uncertain Outcome

Very lively oral arguments were held today, June 26, in the U.S. Court of Appeals for the Third Circuit on the New Jersey sports betting law, in a case that will have an enormous impact on the future of sports betting in the...more

6/27/2013 - Anti-Commandeering DOJ PASPA Sports Sports Betting

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