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I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
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June 11, 2026
I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
By: Michelle Cohen
Prediction markets are the hottest topic in gaming right now. Industry leaders Kalshi and Polymarket have provided substantial fodder for debates at the summer gaming conferences, in the gaming trade press, and in mainstream media. Most of that discussion focuses on state versus federal regulation, an issue that the U.S. Supreme Court will likely need to resolve. In the interim, as they promote their platforms across the U.S., prediction markets face the same customer acquisition challenges as any other online gaming business seeking new customers. To source new customers, Kalshi and Polymarket have invested millions in social media ads. Importantly, these companies have focused on social media influencers to promote their brands. Of course, there is nothing inherently wrong with…
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Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
April 20, 2026
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
By: Robert Ward
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield Mere weeks after juries in California and New Mexico returned multi-million-dollar verdicts against Meta Platforms, Inc., the social media company suffered another defeat. On April 10, the Massachusetts Supreme Judicial Court (SJC) rejected the social media company’s attempt to raise Section 230 of the Communications Decency Act as a shield…
Thinking about adding an AI Chatbot? Some key considerations.
February 17, 2026
Thinking about adding an AI Chatbot? Some key considerations.
By: Steven Hess
Many companies are thinking about how to deploy new AI systems to automate routine work and to improve their product. For many businesses, adding an AI chatbot is a valuable way to enhance the customer experience by automating routine conversations,[1] and by alerting customers to new deals and offerings that are relevant to them.[2] Coupled with the rising ubiquity of AI chatbots in modern life,[3]…
Upcoming Supreme Court cases could stop FTC from halting businesses and freezing assets via TROs
July 16, 2020
Upcoming Supreme Court cases could stop FTC from halting businesses and freezing assets via TROs
By: Ifrah Law
If it was not already apparent, the Supreme Court last week made it clear that it is taking a close look at the power of federal agencies to obtain monetary relief such as disgorgement or restitution through civil proceedings. Indeed, on June 22, the Court in Liu v. Securities and Exchange Commission held that although the SEC had the power to obtain disgorgement in civil…
FTC Settles with Gaming App for False Representations about Children’s Privacy
July 9, 2020
FTC Settles with Gaming App for False Representations about Children’s Privacy
By: Nicole Kardell
On July 6, 2020, the Federal Trade Commission announced a settlement with gaming app developer Miniclip S.A. The settlement addresses allegations that Miniclip falsely claimed membership in a Children’s Online Privacy Protection Act (COPPA) safe harbor program for the last several years. Miniclip boasts more than 1 billion downloads of its 45 “high-quality mobile games” (such as Agar.io and Soccer Stars) and a further catalogue…
Supreme Court Finds That CFPB Director Can Be Removed By President, But Allows Agency To Continue To Operate
June 29, 2020
Supreme Court Finds That CFPB Director Can Be Removed By President, But Allows Agency To Continue To Operate
By: Ifrah Law
On June 29, 2020, the Supreme Court issued a ruling that expanded the President’s authority to remove a director of the Consumer Financial Protection Bureau (CFPB), while simultaneously finding that the Bureau itself could continue to exist an operate. In Seila Law LLC v. CFPB, both the law firm Seila Law—which was under investigation by the CFPB for charging consumers with improper fees in association…
FTC Enforcement reminds Companies to live up their Promises
April 15, 2020
FTC Enforcement reminds Companies to live up their Promises
By: Nicole Kardell
The FTC recently announced its settlement with Tapplock, Inc., a maker of smart padlocks (Internet-connected fingerprint-enabled padlocks that you can use in lieu of old-fashioned combo locks). The FTC investigated the Canadian-based company for its allegedly false claims that its Internet-connected smart locks were designed to be “unbreakable” and that the company took reasonable steps to secure the data that it collected from consumers. According…
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
April 8, 2020
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
By: Nicole Kardell
Does your company’s privacy policy include a claim that it is Privacy-Shield certified? If so, you should ensure that it is, in fact, certified and that the certification has not lapsed. Failures in this area are low-hanging fruit for government enforcement actions. A little background on the Privacy Shield Framework. The U.S. Privacy Shield framework facilitates the legal transfer of consumer data from the E.U….
