• Advertiser’s Responsibilities for What Others Say in Social Media

    As outlined by the FTC Endorsement Guides, advertisers are required to have “reasonable programs” in place to train and monitor members of ... Read Article

    FTC Obtains Court Order Banning Alleged Work-From-Home Scammer from Selling Business Opportunities and Using Robocalls

    The Federal Trade Commission has announced that it has permanently banned an alleged work-from-home scammer from selling or promoting business opportunities and ... Read Article

    Court Holds Professional TCPA Litigant Can Face Fraud-Based Counterclaim

    In the matter of Cunningham v. USA Auto Protection, LLC, the professional litigant plaintiff alleged that USA Auto Protection made more than ... Read Article

    Defendant Behind Alleged Bogus Health Insurance Scheme Agrees to Settle FTC Charges

    One of the defendants behind an alleged sham health insurance scheme has been permanently banned from the health care business as part of a ... Read Article

    Court Holds No TCPA Standing With Ringless Voice Mail Message

    The Eleventh Circuit recently held that a plaintiff does not suffer concrete injury through receipt of a single ringless voice mail message. Grigorian ... Read Article

    DoJ Announces Historic Civil Penalty in a Telemarketing Enforcement Action

    The Department of Justice has announced a settlement in which DISH Network LLC will pay $126 million in civil penalties to the ... Read Article

    Can an EBR be Created DURING a Telephone Solicitation?

    At least one federal court ruled that an “established business relationship” can be created during a telephone call – and prevent further ... Read Article

    Supreme Court Brief Filed in Favor of  Broad Interpretation of ATDS Definition

    The Plaintiff in Facebook, Inc. v. Duguid has recently filed its merits brief on this issue of whether the Telephone Consumer Protection Act’s ... Read Article

    Third Circuit Deals Blow to FTC Disgorgement Authority

    As previously blogged about here, here, here and here, the FTC’s authority to seek monetary disgorgement in federal court may be on the ropes. Breaking News ... Read Article

    FTC Settles Charges Against Online Investment Training Program Providers While Doubts About the Scope of FTC Enforcement Authority Loom

    As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of ... Read Article

    Advertiser and Network Responsibilities for What Others Say in Social Media

    As previously blogged about here, the FTC actively continues its assault on paid-for rankings, ratings and review websites. The FTC’s Endorsement Guides provide ... Read Article

    Supreme Court Expands TCPA to Cover More Categories of Speech

    In a 6-3 opinion, delivered by Justice Kavanaugh, the Supreme Court affirmed the Fourth Circuit’s ruling in Barr v. American Association of Political Consultants, ... Read Article

    Breaking News: Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions

    On June 22, 2020, the Supreme Court issued its highly anticipated opinion in Liu v. Securities and Exchange Commission.  In doing so, ... Read Article

    Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers

    One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  ... Read Article

    California Redefines Analysis of Independent Contractor Classification

    In September 2019, California Governor Gavin Newsom signed a new measure (AB 5) that essentially redefines businesses classify employees and independent contractors.  ... Read Article

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