By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more
6/4/2025
/ Advertising ,
Compliance ,
Enforcement ,
Filing Deadlines ,
Filing Requirements ,
Marketing ,
Penalties ,
Regulatory Requirements ,
Small Business ,
TCPA ,
Telecommunications ,
Text Messages
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 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
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more
3/3/2025
/ Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Electronic Communications ,
Financial Institutions ,
Marketing ,
Privacy Laws ,
Telemarketing ,
Text Messages ,
Unfair or Deceptive Trade Practices
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more
2/19/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
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 culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...more
1/20/2025
/ Advertising ,
Affidavits ,
Consumer Protection Laws ,
Contract Terms ,
Disclosure Requirements ,
Marketing ,
Personal Information ,
Regulatory Requirements ,
Right of Publicity ,
Sweepstakes ,
Tax Liability
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking...more
1/16/2025
/ Business Opportunity Laws ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Investment Products ,
Marketing ,
Misleading Statements ,
MLM ,
Proposed Rules ,
Regulatory Requirements ,
Remote Working ,
Unfair or Deceptive Trade Practices
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more
12/20/2024
/ CAN-SPAM Act ,
Class Action ,
Do Not Call List ,
Email ,
Marketing ,
Prior Express Consent ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Trucking Industry
As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to...more
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
With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying...more
The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more
Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California...more
Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more
9/24/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Consent ,
Data-Sharing ,
Disclosure Requirements ,
FCC ,
Marketing ,
Medicare ,
Policies and Procedures ,
TCPA ,
Text Messages ,
Third-Party
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand...more
On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more
8/9/2024
/ Beneficiaries ,
Centers for Medicare & Medicaid Services (CMS) ,
Consent ,
Data Protection ,
Email ,
FCC ,
Federal Trade Commission (FTC) ,
Marketing ,
Medicare ,
TCPA ,
Text Messages
On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more
Online marketers may be on the verge of finally obtaining a single, unified federal framework for consumer data privacy regulation. In April, a bipartisan coalition, with sponsors in both houses of Congress, introduced a...more
On January 29, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a circular (the “Circular”) detailing what it considers deceptive financial services marketing practices under the Consumer Financial Protection...more
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more
Companies often hire lead generation companies to find consumers who may be interested in their product and service offerings. Buyers of these leads typically enter into contracts requiring that all leads come from consumers...more