Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more
7/25/2025
/ Advertising ,
Compliance ,
Consent ,
Consumer Protection Act ,
Consumer Protection Laws ,
Data Privacy ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Text Messages ,
Unsolicited Advertisements ,
Websites
On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings...more
7/16/2025
/ Advertising ,
Compliance ,
Connecticut ,
Consumer Protection Act ,
Consumer Protection Laws ,
Disclosure Requirements ,
False Advertising ,
Fraud ,
Gaming ,
Online Gaming ,
Penalties ,
Regulatory Requirements ,
Settlement ,
State and Local Government
On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more
7/10/2025
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Class Action ,
Compliance ,
Consent ,
Do Not Call List ,
FCC ,
Penalties ,
Privacy Laws ,
Regulatory Requirements ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telecommunications ,
Telemarketing
Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more
6/19/2025
/ Artificial Intelligence ,
Class Action ,
Consent ,
Consumer Protection Laws ,
FCC ,
Healthcare ,
Marketing ,
Proposed Rules ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
With the use of artificial intelligence (“AI”) becoming more pervasive every day, it should not surprise our readers that regulators are increasingly focused on the use of AI and its associated consumer data privacy...more
6/18/2025
/ Artificial Intelligence ,
Consent ,
Data Privacy ,
Disclosure Requirements ,
New Jersey ,
New Regulations ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Requirements ,
State Privacy Laws
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
On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more
5/30/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Damages ,
Regulatory Requirements ,
Robocalling ,
Settlement Agreements ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Text Messages
Earlier this week, Coinbase and its sweepstakes administrator agreed to the terms of a class action settlement in the matter of Suski v. Coinbase, Inc. After nearly four years of litigation, including a trip to the United...more
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
Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to...more
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more
2/21/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Discovery ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Litigation Strategies ,
Regulatory Requirements ,
Subpoenas ,
TCPA ,
Telemarketing
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
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
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event...more
Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have...more