• 10.01.19

    Organic Marketer Settles for $1.76M With FTC

    To settle charges of falsely advertising its bath and beauty products as organic and vegan, a Miami-based company and its owner agreed to a $1.76 million deal with the Federal Trade Commission (FTC).

  • 10.01.19

    Looking Ahead to Tokyo 2020

    Summer 2020 may seem like a long way off, but advertisers are starting to consider the opportunities—and challenges—presented by the upcoming Tokyo Olympic and Paralympic Games.

  • 09.30.19

    FCC Bans Text Message, International Spoofing

    Closing “a loophole in the law,” the Federal Communications Commission (FCC) adopted new rules banning caller ID “spoofing”—i.e., using a “fake” caller ID number— for text messages and foreign calls.

  • 09.30.19

    Oklahoma Federal Court Sides With Plaintiff’s Vicarious Liability TCPA Claim

    An Oklahoma federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) plaintiff on vicarious liability issues, ruling that the defendant was liable for telemarketing calls made by a sales lead generator on its behalf.

  • 09.30.19

    Tainted Beef Definitely an Emergency, California Federal Court Rules

    Prerecorded calls made to warn consumers about tainted beef qualified for the “emergency purposes” exemption to the Telephone Consumer Protection Act (TCPA), a California federal court recently ruled.

  • 09.30.19

    TCPA Class Certification Bid Fails for Individualized Issues, Rules New York Federal Court

    The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.

  • 09.30.19

    Defendants Score With Two Recent Article III Standing Victories

    In a pair of cases from the U.S. Court of Appeals, Eleventh Circuit, and a federal district court in California, defendants were successful in getting Telephone Consumer Protection Act (TCPA) suits dismissed for lack of standing under Article III of the U.S. Constitution.

  • 09.30.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA after the D.C. Circuit’s almost two-year-old landmark decision in ...

  • 09.30.19

    Initiative Filed to Change the Medical Injury Compensation Reform Act of 1975

    On September 25, 2019, parents with children who require lifelong care after suffering permanent injuries caused or compounded by their medical care filed an initiative in California that would fundamentally change the state’s nearly 45-year-old $250,000 cap on pain-and-suffering-type damages ...

  • 09.27.19

    DOL Announces Final Overtime Exemption Rule

    On March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (“Proposed Rule”) which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s “white collar” and “highly compensated” overtime exemptions.