Newsletters

05.31.18

Executive off the Hook in $22M TCPA Action

In City Select Auto Sales, Inc. v. David Randall Associates, Inc. et al., the U.S. Court of Appeals, Third Circuit has affirmed an opinion from the U.S. District Court, District of New Jersey that a corporate executive was not liable under the Telephone Consumer Protection Act (TCPA) for allegedly ...


05.31.18

Car Sales Website Did Not ‘Send’ Text Messages

Granting summary judgment in favor of the defendant in Serban v. CarGurus, Inc., Judge Saral Ellis from the U.S. District Court, Northern District of Illinois ruled in March 2018 that a car sales website was not liable under the Telephone Consumer Protection Act (TCPA) for a text message sent to ...


05.31.18

Recent Developments After ACA International v. FCC (May 2018)

As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice) seeking comments so as to define an automatic telephone dialing system (ATDS), ...


05.31.18

NLRB: Rulemaking May Be Solution to Joint Employer Standard

The National Labor Relations Board (NLRB or Board) announced that it is considering rulemaking to address the joint employer standard, launching the internal process necessary and adding the issue to its spring 2018 agenda.


05.31.18

Add Disclosures, CARU Tells Race Game Advertiser

The Children’s Advertising Review Unit (CARU) recommended that Anki add an audio disclosure to the advertising for the OVERDRIVE: Fast & Furious Edition of its app-controlled cars in order to demonstrate how the product performs and that a device that was not included was necessary for ...


05.31.18

Supreme Court Bets on Sports Gambling

Paving the way for legalized gambling—and advertising for the industry—the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) in a challenge involving the state of New Jersey.


05.31.18

Class Seeks Quick Win Over Scratch-Off Sweepstakes Mailers

Arguing that the defendant was clearly the “sponsor” of a scratch-card promotion, an Illinois resident moved for partial summary judgment in her class action alleging violations of state law.


05.29.18

Infographic: The Rise of Experiential Entertainment

Have you ever wanted to jump into a pool of candy sprinkles?


05.24.18

Is Momentum for Medicaid Expansion on the Upswing?

To date, 33 states, including the District of Columbia, have expanded Medicaid under the Affordable Care Act (ACA) to adults with incomes at or below 138% of the federal poverty level (FPL)—newly covering more than 12 million Americans by the end of 2015.


05.24.18

NAD Unhappy About Perdue’s ‘Happy’ Chickens

Perdue Farms, Inc., plans to appeal a recent decision by the National Advertising Division (the NAD) recommending that the advertiser modify or discontinue ads touting organic farming methods used to raise chickens.