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As the Supreme Court weighs whether to hear a New Jersey challenge to the Professional and Amateur Sports Protection Act (“PAPSA”) – a 1992 federal law that banned sports wagering in all states where it was not already in existence – legislators in New York, Michigan, and South Carolina have introduced legislation seeking to legalize…

In attempts to lessen the uncertainty that still surrounds the legality of fantasy sports, Maryland and Florida introduced measures to clarify the rules of the road for the likes of DraftKings Inc. and FanDuel Inc. Maryland’s regulations, adopted by the state Office of the Comptroller, went into effect January 2, while Florida’s House of Representatives…

This week, NJ Attorney General Christopher Porrino and the Division of Consumer Affairs settled with Fertility Bridges, Inc., a fertility clinic operating in California and Illinois, over the clinic’s practice of contractually barring consumers from posting online reviews of their experiences with the clinic and its personnel.

The provisions, set forth in the Terms of…

Last week, members of the U.S. House of Representatives Judiciary Committee introduced their first of many upcoming policy proposals aimed at modernizing U.S. copyright law, and, specifically, the U.S. Copyright Office. This proposal sets out specific changes for the Copyright Office, including creating an advisory committee, introducing an information technology modernization plan, increasing the Office’s…

Last month, the Copyright Office issued a final rule governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). To help streamline the process, the Copyright office created a new, electronic filing system so that brands and advertisers can efficiently submit and update their designated agent.  The…

The House of Representatives passed two bills last week relevant to the advertising industry: the Consumer Review Fairness Act and the Better On-line Ticket Sales Act (“BOTS Act”).

The Consumer Review Fairness Act is aimed at protecting consumers who write online reviews on certain websites, by invalidating “form contracts” which would impede those reviews from…

On November 4, the Federal Trade Commission announced an unprecedented coordinated federal-state enforcement effort targeting deceptive and abusive debt collection. This sweeping initiative, termed “Operation Collection Protection,” coordinates federal, state, and local actions under the FTC, the CFPB, 47 state attorneys general, and other enforcement officers and agencies.

As the top source of complaints to the FTC and the Consumer Financial Protection Bureau, illegal debt collection practices have long been in the agencies’ crosshairs. “Operation Collection Protection” began with 30 new coordinated law enforcement actions targeting debt collectors using illegal methods such as harassing phone calls and false threats of litigation, arrest, and wage garnishment. With the involvement of state attorneys general and variations on state laws, banks and other creditors should have the new initiative on their radars as well.

Although the FTC does not have jurisdiction over banks, they should pay close attention to the initiative because of the involvement of the CFPB and state attorneys general, and variations on state laws under which attorneys general may investigate banks and other financial institutions.Continue Reading FTC, CFPB, and States Collaborate to Clamp Down on Illegal Debt Collection

In an October blog post, we reported on the New York labor law amendments enacted specifically to protect runway and print models under the age of 18, providing them with the same protections that other young performers had received. Furthering the requirements of the amended laws, the New York Department of Labor recently released updated forms that employers must use when engaging child performers, including models.
Continue Reading New Paperwork Required for NY Employers Engaging Child Performers

On June 13, 2014, the Massachusetts Senate passed S. 2022, beginning the process of joining 13 other states that prohibit companies from using celebrities’ identities after they die. The bill amends Section 3A of Chapter 214 of Massachusetts General Laws, and creates a post-mortem “Right of Publicity” interest. The bill prohibits commercial use of the name, image, and likeness of a “personality” for 70 years after his or her death without written permission from either the personality or “persons who collectively own more than 50 per cent of the aspect of the personality’s right of publicity that was commercially used . . . .” “Personality” is defined as “an individual whose identity has commercial value.” To garner the bill’s protection, however, the personality must be domiciled in Massachusetts as of the date of his or her death.
Continue Reading Massachusetts Enhances Protections for Celebrities (and Others) After Death