MLM / Direct Sales › Consumer Protection › Communications & Media Law

How a claim can be correct but breach the law

The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more

Wilder Chiropractic v. Pizza Hut of Southern Wisconsin, Inc.

Motion to Dismiss for Lack of Subject Matter Jurisdiction as a result of Offer of Judgment

Brief detailing the origin of many class actions brought under the Telephone Consumer Protection Act, and in support of motion to dismiss case for lack of subject matter jurisdiction based on tender of Offer of Judgment to...more

FTC Provides Further Guidance to Advertisers Using Social Media

The undeniable benefits of word of mouth and viral marketing via blogs, Twitter, Facebook and other social media platforms have radically changed the marketing landscape. In an effort to stay current with the way in which...more

Recent Court Ruling Lowers Threshold for Obtaining Treble Statutory Damages in Class Actions Brought Pursuant to the Telephone...

The Telephone Consumer Protection Act regulates certain forms of direct marketing - including phone, fax, SMS and MMS. It provides for statutory damages of either $500 or $1,500 per violation, depending on whether the...more

Mobile Marketing for Healthcare Providers

An overview of the TCPA and its application to SMS and MMS technologies. The article discuses best practices for use of mobile technology in the healthcare industry....more

Mobile Marketing & the Telephone Consumer Protection Act

Several recent decisions have held that the proscriptions of the Telephone Consumer Protection Act (TCPA) apply to calls made to mobile phones. Although the TCPA was passed in 1991 and therefore does not speak directly to...more