Michelle Cohen

Michelle Cohen

Jeff Ifrah

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TCPA Trouble Continues: FCC Slams Lyft and First National Bank for Terms of Service Requiring Consent

Most of the attention involving the Telephone Consumer Protection Act (“TCPA”) has centered on the stream of class actions around the country. It is important to remember that the Federal Communications Commission (“FCC”) and...more

9/17/2015 - Auto-Dialed Calls Best Practices Citations Class Action Communications Act of 1934 Disclosure Requirements FCC First National Lyft Mobile Devices Opt-In PayPal Prior Express Consent Robocalling TCPA Telemarketing Terms and Conditions Text Messages

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...more

9/15/2015 - Best Practices COPPA Cybersecurity Entrepreneurs eSports Fantasy Sports Gaming Online Gaming Online Poker Popular Privacy Laws Risk Management Security and Privacy Controls Sports Startups

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information,...more

7/10/2015 - Attorney Generals Data Breach Federal Breach Notification Standard Notification Requirements Preemption

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions...more

5/28/2015 - Data Collection FTC Mobile Devices Opt-Outs Privacy Policy Retail Market Retail Tracking

Minnesota Phases Out State Lottery-Operated Online Games

Minnesota’s legislature recently passed a bill that bars the Minnesota Lottery from offering online games, following a four month transition period. Specifically, the new law bans the lottery director from offering “the play...more

5/22/2015 - Lottery Lottery Commissions New Legislation Online Gaming

Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC

The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls. So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing...more

4/3/2015 - Advertising Corporate Counsel Do Not Call List FTC Political Advertising Robocalling Telemarketing

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more

2/23/2015 - Background Checks Class Action Corporate Counsel Dollar General EEOC Employer Liability Issues FCRA FTC Hiring & Firing Job Applicants K-Mart Michaels Popular Publix Whole Foods

International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day! Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day. This day is designed to raise awareness of and generate discussion...more

1/28/2015 - Best Practices Corporate Counsel Privacy Laws Privacy Policy Risk Assessment Risk Management

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago. Just as “Mad Men” reflects the 1960’s era advertising business, this...more

11/10/2014 - Advertising Contests & Promotions COPPA FTC Marketing Mobile Devices Privacy Laws Sweepstakes TCPA Young Lawyers

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 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 - FCC GroupMe Mobile Privacy 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

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