This article discusses several of the Federal Trade Commission’s recent enforcement actions, including its settlement with Legacy Learning Systems and its CEO involving a digital marketing campaign which the FTC contended…more
Everyone is green these days, or so it seems. Claims that products are environmentally friendly, organic or all-natural are ubiquitous in promotional materials. Indeed, nearly every industry touts the environmental aspects of…more
Wilder Chiropractic v. Pizza Hut of...
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 named…more
FACTA - the Fair and Accurate Credit Transactions Act - regulates the information that may be displayed on electronically printed credit and debit card receipts provided at the point of sale or transaction. Numerous putative…more
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
The Federal Reserve Board recently issued new federal regulations governing the provision of retail gift cards. Specifically, the new Rules amend Regulation E of The Electronic Fund Transfer Act, 15 U.S.C. § 1693, et…more
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
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
In Stolt-Nielsen S.A. v. AnimalFeeds International Corporation, the United States Supreme Court recently held that a party may not be compelled under the Federal Arbitration Act (“FAA”) to submit to class arbitration…more
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
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