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False Advertising Dangers Lurk in the Age of COVID-19 - Redux

USA - April 15 2020 As we previewed in our earlier post, the COVID-19 pandemic raises new and heightened false advertising concerns for companies seeking to capitalize…

David Elkins, Adam R. Fox

False Advertising Claims Lurk in the Age of COVID-19

USA - March 26 2020 Companies around the world are scrambling to respond to the unprecedented challenges posed by the COVID-19 pandemic. We have all received many emails…

David Elkins, Adam R. Fox

Mark(s) My Words: No Stays in the Ninth Circuit to Await FCC Guidance on the Meaning of an ATDS

USA - August 8 2019 TCPA World, another update in our continuing coverage of stays in TCPA cases on primary jurisdiction grounds. As you know, the FCC has sought public…

One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.

USA - July 19 2019 Common sense prevails: a Texas federal court holds that an email is not the same thing as a text message and is not subject to the TCPA. See McCarrell…

Does the ADA Require a Compliance Management System?

USA - April 18 2019 A new type of Americans with Disabilities Act ("ADA") class action has been developing, in which plaintiffs charge that defendants have violated the…

Keith Bradley, Amy B. Doolittle