Legal sweepstakes are an effective means for brands to attract consumer attention and interaction through the allure of possible prize winnings. Some sweepstakes operators, however, have attempted to create business models...more
Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). ...more
Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more
Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege...more
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation...more
Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are...more
2/28/2025
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Class Action ,
Compliance ,
Enforcement Actions ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Telemarketing
As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more
2/17/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Marketing ,
Medicare ,
Privacy Laws ,
Regulatory Requirements ,
TCPA ,
Telemarketing
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s...more
2/7/2025
/ Advertising ,
California ,
CAN-SPAM Act ,
Class Action ,
Compliance ,
Consumer Protection Laws ,
Email ,
Enforcement Actions ,
False Advertising ,
Marketing ,
Unfair or Deceptive Trade Practices ,
Unsolicited Advertisements
The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law...more
11/27/2024
/ Compliance ,
Fantasy Sports ,
Gambling ,
Legal Representatives ,
Online Gaming ,
Opinion Letter ,
PASPA ,
Payment Processors ,
Sports Betting ,
Sports Gambling ,
Unlawful Internet Gambling Enforcement Act (UIGEA)
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment...more
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more
As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports (“DFS”) operators now enable them to run advertisements in many markets across the United...more
Sweepstakes promotions can be valuable tools for businesses seeking to attract new customers. Unlike static ads, newsletter sign-ups and other basic website registration forms, sweepstakes incentivize consumers to provide...more
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more
On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency (“CPPA”) could immediately begin enforcing the current version of the...more