In Van Elzen v. American Home Shield Corp., No. 24-C-1206, 2026 WL 1078771 (E.D. Wis. Apr. 21, 2026), the United States District Court for the Eastern District of Wisconsin granted summary judgment to American Home Shield Corporation (“AHS”) in a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. The decision offers important guidance for companies that engage in text-based marketing, particularly on two issues: what constitutes “prior express consent” under the TCPA…More

Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the Court granted the plaintiff’s motion to compel discovery of phone numbers, text message dates, and related records that could be used to identify a class of individuals who received recruiting text messages in alleged violation of the Telephone Consumer Protection Act (“TCPA”). The plaintiff, a…More

The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without proper consent. On February 4, 2026, the U.S. District Court for the District of New Jersey granted final approval to a $1,625,000 settlement resolving claims that Comodo Group violated the Telephone Consumer Protection Act (“TCPA”) by making prerecorded telemarketing calls to consumers’ cell phones without their prior express written consent.…More

Recently, the Federal Trade Commission (“FTC”) filed a Complaint against JustAnswer LLC and its CEO, alleging the company misled consumers into enrolling in monthly recurring subscriptions without obtaining consumers’ affirmative consent. According to the FTC’s Complaint, many consumers believed they were paying a one-time fee to get an answer from an expert. Instead, they were unknowingly signed up for ongoing monthly subscriptions costing anywhere from $28 to $125. The FTC alleges JustAnswer used misleading practices-including confusing checkout flows and buried disclosures-to…More

Q: Why do companies refer to the Super Bowl as The Big Game in their advertising? A: Because the Super Bowl is trademarked, but The Big Game is not. Of course news outlets can use either term under the fair use doctrine, but companies advertising their products and services don’t have the same privilege so to speak. Q: How much does a Super Bowl commercial cost these days? A: According to USA Today, a 30-second advertisement during the Super Bowl this year…More

The Federal Trade Commission (“FTC”) has reached a settlement with NextMed (also known as Southern Health Solutions, Inc.), resolving allegations that the telehealth company misled consumers through deceptive advertising, billing, and cancellation practices tied to weight-loss programs involving GLP-1 medications such as Wegovy and Ozempic. The FTC also named the company’s founder, Robert Epstein and CEO, Frank Leonardo III, in its Complaint. This case underscores how aggressive marketing in the booming prescription weight-loss space can cross into unlawful misrepresentation, eroding…More

The Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination in the digital advertising market, a restriction that has not been made before. Under this merger, Omnicom is poised to become the world’s largest media buying agency. The consent order was announced on June 23, 2025, and prohibits Omnicom from steering advertisers away from publishers based on political or ideological viewpoints unless…More

Recently, major technology companies, Anthropic and Meta each secured landmark victories in separate copyright lawsuits. The companies had been sued by authors and their publishers, regarding claims that these companies’  AI models were trained on copyrighted materials without claimant’s permission, in violation of U.S. copyright law. These are the first major decisions in a series of similar copyright suits and could signal a potential significant impact on the AI industry. The decisions are generally good for the industry, but the details…More

What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The suit highlights the growing tension between traditional intellectual property law and social media influencer created content, posing the novel question—does copyright law protect against alleged “copying” of a personal “aesthetic” or “vibe”? In April 2024, Gifford filed a complaint in the Western District of Texas for copyright infringement…More

The Federal Trade Commission’s (FTC) Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464, is effective as of May 12, 2025. According to the FTC’s recent press release, the Rule “prohibits bait-and-switch pricing and other tactics used to hide total prices and mislead people about fees in the live-event ticketing and short-term lodging industries,” and “also furthers President Trump’s Executive Order on Combating Unfair Practices in the Live Entertainment Market by ensuring price transparency at all stages of the live-event ticket-purchase process,…More