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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]…
Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat
June 24, 2014
Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat
By: Ifrah Law
Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended to protect children’s online privacy. This is another reminder that state attorneys general’s offices will continue to be vigilant in addressing consumer privacy issues under both state and federal laws, when the…
Weight Loss Claims and Dr. Oz Gain Congressional Interest
June 20, 2014
Weight Loss Claims and Dr. Oz Gain Congressional Interest
By: Michelle Cohen
We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding that one “miracle pill” to help them lose that stubborn belly fat or get rid of those unsightly love-handles. Advertisers should be aware that the Federal…
Higher Ed False Claims Act Suits – Pass or Fail?
June 10, 2014
Higher Ed False Claims Act Suits – Pass or Fail?
By: Nicole Kardell
Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court in New Jersey on May 16. The lawsuit alleges that CEC defrauded the federal government by (1) falsifying job placement statistics to exaggerate the number of graduates working in their…
Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent Decree
May 20, 2014
Sprint Gets a Wallop of a Reminder – Company-Specific Do Not Call Lists Still Matter – $7.5 Million Record Do Not Call Consent Decree
By: Michelle Cohen
Yesterday, the Federal Communications Commission (“FCC”) announced a consent decree with Sprint Corporation for federal do not call violations. Specifically, under the terms of the agreement, Sprint will make a $7.5 million “voluntary contribution” to the United States Treasury. This payment represents the largest do not call settlement reached by the FCC. Sprint also agreed to various ongoing compliance initiatives, including enhanced training and reporting…
TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim
May 19, 2014
TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim
By: Michelle Cohen
In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the plaintiff gave prior express consent when she agreed to the terms of her health insurance plan, which stated that the company could share her number with other businesses who…
