I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers

I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers

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…

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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]…

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Cal. High Court Softens Draconian Arbitration Fee Rule

August 19, 2025

Cal. High Court Softens Draconian Arbitration Fee Rule

By: Robert Ward

California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close to, but does not cross, that line. At the same…

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Ready, Set, Go: More States Adopt Privacy Laws

July 30, 2025

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

Note the below chart was updated on July 24, 2025 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…

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Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape

May 12, 2025

Fame, FTC, and Fine Print: Navigating Advertising Rules in an Evolving Landscape

By: Abbey Block

Ryan Seacrest is most well-known for his role as the charismatic host of popular television shows like American Idol and Wheel of Fortune.  But more recently, Seacrest has taken on a new business venture, becoming the spokesperson for the social casino platform, Chumba Casino. Chumba Casino, launched in 2012, allows players to engage in online casino-style games. Seacrest began his partnership with the brand in…

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California Actively Enforcing its Delete Act against Data Brokers

March 10, 2025

California Actively Enforcing its Delete Act against Data Brokers

By: Nicole Kardell

If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations.  The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the…

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FTC Cracking Down On Online Censorship

February 27, 2025

FTC Cracking Down On Online Censorship

By: Steven Eichorn

The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…

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By: Nicole Kardell

Industry, Members of Congress Take Action on FTC Process

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By: Michelle Cohen

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New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
By: Ifrah Law

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