Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
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Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
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Lead Generation Compliance 101
In what has become an annual event, the Federal Trade Commission has once again reminded the lead generation advertising ecosystems of the legal regulatory obligations. In a recent article published in Law360, the Director of the FTC’s Bureau of Consumer Protection first referenced a proposed FTC settlement with the operator of Colorado Technical University and…
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Federal Court Clips FTC Judicial Enforcement Wings
The Federal Trade Commission (FTC) actively uses its authority under Section 5 of the FTC Act and other consumer protection statutes to initiate enforcement actions against marketers in federal court based upon a broad range of unfair or deceptive conduct, including, but not limited to advertising practices. Under the FTC Act, the FTC can initiate…
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FTC Ad Lawyer Authors Article on Lead Generation Compliance for National Law Review
FTC Settlement Includes Lead Generation Compliance Warnings The FTC recently announced a $30M settlement with an operator of several post-secondary schools to resolve charges of deceptive lead generation activities. Lead generators and those that purchase leads from them should take note of their compliance responsibilities. The Allegations According to the FTC, Career Education Corporation, American…
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Richard B. Newman Quoted by Legaltech News on Data Privacy Court Orders
FTC advertising compliance and defense attorney Richard B. Newman quoted by Legaltech News on recent FTC policy statement and the changing data privacy order landscape.
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Landmark SCOTUS Contractual Arbitration Opinion
Justice Kavanugh’s First Opinion Resolves Long-Standing Circuit Split Justice Brett Kavanaugh has authored his first opinion, holding that courts may not interfere with contractual arbitration provisions that delegate to the arbitrator whether the arbitration agreement applies to dispute. The unanimous, pro-arbitration opinion resolves a long-standing circuit split. In Henry Schein, Inc. v. Archer &…
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