David Almeida

2 Prudential Plaza 180 N. Stetson Avenue
Chicago, IL 60601, United States

Sheriffs of the Digital World - FTC's Commitment Further Bolstered, Setles with Twitter, Google (Among Others)

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
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FTC Updates "Green Guides" to Environmentally Friendly Marketing

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
| Antitrust & Trade Regulation, Environmental Law, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing
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 named…more
| Civil Procedure, Communications & Media Law, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing

7th Circuit Rules That Electronic Confirmations of Internet Transactions are not Actionable Under FACTA

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
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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
| Communications & Media Law, Intellectual Property, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing

Congress Extends Implementation Data of Final Rule Governing Gift Cards

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
| Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing

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

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
| Communications & Media Law, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing

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
| Communications & Media Law, Health, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing

U.S. Supreme Court Bars Class-Action Arbitration Absent Contractual Agreement

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Consumer Protection

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
| Communications & Media Law, Consumer Protection, MLM / Direct Sales, MLM Consulting / Network Marketing
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Litigation
  • Privacy
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