In the Courts

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…another important development in the area of mobile marketing and advertising.

Last week, the U.S. District Court for the Northern District of Illinois’ Eastern Division found that a 20th Century Fox SMS campaign violated the Telephone Consumer Protection Act (the “TCPA”). While these cases provide extremely important guidance as mobile marketing continues to evolve into…

Effective March 15, 2010, the Council of Better Business Bureaus (CBBB) will be raising the CBBB Corporate Partner filing fee to $3,500 from $2,500 for filing a NAD challenge.

This is the first increase in the Corporate Partner filing fee since 2005 and continues to represent a very significant discount to the filing fee charged…

Once again, that truism that old habits die hard has been substantiated. The U.S. District Court of Northern California just awarded Facebook a $711 million judgment against the self-described “spam king,” Sandford Wallace, for violating the CAN-SPAM Act. The CAN-SPAM Act establishes the rules for sending commercial emails and bans “false and misleading” marketing emails.…

This post was written by Rachel Rubin.

If it looks like fruit and sounds like fruit, it must be fruit. Well, not exactly, and please don’t waste our time, says a California court. Ray Werbel recently filed a lawsuit in San Francisco federal court claiming that he bought and ate Froot Loops cereal, believing…

This post was written by Dan Jaffe.

The business community has won an important victory in a lawsuit challenging a Maine law that severely restricts the collection, transfer and use of “personal information” or “health-related information” from minors.  The Maine Attorney General has publicly committed not to enforce the law, which was scheduled to take…

The lawsuit filed in Maine to stay enforcement of a Maine privacy law targeting minors, received a hearing today in federal district court. The Maine attorney general argued that the motion for a preliminary injunction should be denied and that the case should be dismissed. MediaPost reports that Attorney General Janet Mills, having already stated…

Over the past year, we’ve written on several occasions about various topics related to gift cards. In fact, earlier this month, Adlaw by Request featured a handy grid that originally appeared on our companion blog, Legal Bytes, of the gift card laws across the United States on a state-by-state basis.

A settlement reached in…

On July 14, 2009, Andrew Cuomo, the attorney general of New York, settled with Lifestyle Lift, a plastic surgery franchise, for false and deceptive trade practices. The case concerned the growing practice of “astroturfing,” which refers to flooding the Internet with false positive reviews about one’s goods or services. The case is believed to be…

When Laci Satterfield’s son answered his mother’s cell phone in the middle of a cold January night in 2006, he heard the following message: “The next call you take may be your last.” Seconds later, when a text message arrived to the same number promoting Steven King’s newest horror novel, The Cell, Ms. Satterfield decided…