Newsletters

05.10.18

With Craigslist Ad, Plaintiff Provided Consent for Contact

A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida has ruled.


05.10.18

Health Insurance Quality Assurance Included Doctor Visits

By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the defendant.


05.10.18

Defendant’s Revocation Method Was Reasonable, Ending Suit

Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled.


05.10.18

New York Court Finds Coverage for TCPA Claims

A New York federal district court recently held that US Coachways, a bus charter broker, was entitled to coverage under its professional liability policy for the costs paid to settle a TCPA class action arising from the broker’s  advertising of its bus charters.


05.10.18

DOJ Announces Global Resolution Initiative for Companies Under Investigation

In a speech on May 9, 2018, Deputy Attorney General Rod Rosenstein announced another policy shift at the Department of Justice (DOJ), signaling that corporate accountability will be tempered by a coordinated multiagency approach to resolving cases, with the goal of avoiding “piling on” ...


05.03.18

California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test

In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California Supreme Court adopted a new legal standard for determining whether workers should be classified as employees or as independent contractors for purposes of California wage orders ...


05.03.18

NBA 2K Tattoo Copyright Dispute Blocked

A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer to move forward.


05.03.18

More Personnel Changes at FTC

The shake-up at the Federal Trade Commission goes on, with Commissioner Terrell McSweeny announcing her plans to resign and the Senate confirming the five White House nominees to give the agency a full slate for the first time in years.


05.03.18

New Jersey Decision Could Slow TCCWNA Actions

In a victory for defendants, the New Jersey Supreme Court ruled that a plaintiff must suffer actual harm from an allegedly unlawful provision in a contract or notice to be an “aggrieved” party under the state’s Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).


05.03.18

NAD Recommends LG Modify TV Claims

LG Electronics should modify or discontinue certain claims for its Super UHD and OLED television sets, the National Advertising Division has recommended.