Michelle Cohen

Michelle Cohen

Jeff Ifrah

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Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

9/5/2014 - Data Protection FTC Mobile Apps Mobile Devices Retailers Smartphones

Rolling the Dice with Casino VIP Lists

In the competitive world of land-based casinos, high roller “VIP” players are courted with a host of special perks and privileges. A casino’s proprietary VIP customer list represents one of its most valuable assets, almost...more

9/3/2014 - Casinos Customer Lists Gaming Unfair or Deceptive Trade Practices

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

8/19/2014 - Applebee's Audio Recording Bass Pro Shops Capital One Class Action Corporate Counsel Hilton Overstock.com

Weight Loss Claims and Dr. Oz Gain Congressional Interest

We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding...more

6/23/2014 - Advertising Celebrity Endorsements FTC Nutritional Supplements Weight-Loss Products

Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent...

Yesterday, the Federal Communications Commission (“FCC”) announced a consent decree with Sprint Corporation for federal do not call violations. Specifically, under the terms of the agreement, Sprint will make a $7.5 million...more

5/21/2014 - Consent Decrees Do Not Call List FCC Non-Judicial Settlement Agreements Sprint Telecommunications U.S. Treasury

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the...more

5/20/2014 - Do Not Call List Employer Group Health Plans Health Insurance Medco Health Solutions Prior Express Consent TCPA

Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?

Social media has opened a Pandora’s box of information about just about everyone today, including jurors, witnesses, opposing counsel, defendants and plaintiffs. As lawyers we want to leave no stone unturned in pursuing a...more

5/13/2014 - Legal Ethics Social Media

FDA Says Product Containing No Tobacco is a “Tobacco Product” – FDA Expands Authority to Include E-Puffing

In an effort that Food and Drug Administration (FDA) officials say was motivated by the (Big Brother?) desire “to correct a misperception by consumers that tobacco products not regulated by FDA are safe alternatives to...more

4/25/2014 - E-Cigarettes FDA FTC Medical Devices

Offshore Accounts? IRS is Watching

If you have unreported income from offshore accounts, now may be the best time to come forward and report those earnings; otherwise, you may be susceptible to criminal prosecution. The IRS initially began this...more

4/17/2014 - FATCA IRS Offshore Banks Offshore Funds OVDP Tax Evasion

“Heartbleed” Bug – Antibiotics Won’t Help, Changing Passwords Might

After recovering from high-profile data breaches at Target and Neiman Marcus, signing up for free credit monitoring and analyzing our credit reports, a new Internet villain recently emerged: the “Heartbleed Bug.” The...more

4/14/2014 - Cybersecurity Data Breach Data Protection Heartbleed Internet

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

Employers Seeking to Curb Employee Mobile Phone Use at Work? Don’t Use Illegal Signal Jammer – FCC is “Listening”

Some employers, particularly those in manufacturing, health care, and other situations where mobile phone use could interfere with employee safety, have come up with novel approaches to curbing employees’ uses of mobile...more

3/31/2014 - FCC Mobile Devices Smartphones

Jeff Ifrah Presents on the Future of Online Gaming at J.P. Morgan Global High Yield & Leveraged Finance Conference

Yesterday, at the annual J. P. Morgan Global High Yield & Leveraged Finance Conference in Miami Beach, Florida, Ifrah Law Founding Member Jeff Ifrah shared his predictions for the growing online gaming industry in the U.S....more

2/26/2014 - Gambling JPMorgan Chase Online Gaming

Attorney General Holder Calls on Congress to Establish Strong National Data Breach Notification Standard

Yesterday, in his weekly video address, Attorney General Eric Holder urged Congress to create a national data breach notification standard requiring companies to quickly notify consumers of a breach of their personal or...more

2/25/2014 - Breach Notification Rule Cybersecurity Data Breach Data Protection Eric Holder

Data Privacy Day

Today, in an effort raise awareness of privacy and data privacy, the United States, Canada and 27 countries of the European Union celebrate International Data Privacy Day. Many organizations use Data Privacy Day as an...more

1/28/2014 - Class Action Cybersecurity Data Breach Data Protection FTC Target Wyndham

FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current

Once again using its administrative litigation process, the Federal Trade Commission (“FTC”) announced settlements with twelve large businesses, including the Atlanta Falcons and Denver Broncos football teams, the Baker Tilly...more

1/23/2014 - EU FTC Personally Identifiable Information Privacy Policy Safe Harbors U.S. Commerce Department

Industry, Members of Congress Take Action on FTC Process

As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field...more

1/10/2014 - FTC Section 5 of FTC Act UDAAP Unfair Labor Practices

FTC Vigilant on Children’s Privacy – Rejects Proposal for Collecting Verifiable Parental Consent Under COPPA

On November 12, 2013, the Federal Trade Commission (“FTC”), in a 4-0 vote, denied AssertID’s application for approval of a proposed verifiable parental consent (“VPC”) method under the Children’s Online Privacy Protection...more

11/21/2013 - CalOPPA COPPA FTC Internet Parental Consent Privacy Laws Websites

CFPB Shows It’s a Tough New Cop on the Beat With Case Against Payment Processor

On October 3, 2013, the Consumer Financial Protection Bureau announced it had filed a complaint in federal district court in Washington state against a leading debt-settlement payment processor, Meracord LLC, and its CEO. ...more

10/8/2013 - CFPB Debt Settlement Services Dodd-Frank Fees FTC Payment Processors Telemarketing Sales Rule

With Complaint Against LabMD, FTC Continues to Flex Enforcement Muscle on Data Security

The Federal Trade Commission recently filed another complaint against a company for alleged data security lapses. As readers of this blog know, the FTC has initiated numerous lawsuits against companies in various industries...more

9/10/2013 - Data Protection Enforcement FTC Hackers Privacy Policy Wyndham

FTC Orders Mobile Device Maker to Patch Up Its Software Security

Following a public comment period, the Federal Trade Commission recently approved a final order settling charges against mobile device manufacturer HTC America, Inc. HTC develops and manufactures mobile devices based on the...more

7/31/2013 - Data Protection FTC HTC America Manufacturers Mobile Devices Software

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other...more

7/5/2013 - Advertising Disclosure Requirements Dot Com Disclosure Guide FTC Google Keyword Search Sponsored Ads Yahoo!

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