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Verrill

The Supremes Have Their Say on Arbitration and Forum Selection Clauses Affecting Sweepstakes Disputes

Verrill on

Wow, the U.S. Supreme Court decided a sweepstakes issue today. Anyone who has ever drafted or looked at Official Rules typically notices some clause concerning how disputes are to be resolved. Often there is forum...more

Klein Moynihan Turco LLP

Sweepstakes Documents – More Than Just The Rules

Klein Moynihan Turco LLP on

In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the...more

Orrick, Herrington & Sutcliffe LLP

FTC orders sweepstakes company to pay $18.5 million for using “dark patterns”

Orrick, Herrington & Sutcliffe LLP on

On June 26, the FTC filed a complaint against a sweepstakes company alleging they used “dark patterns” (via the use of “manipulative phrasing and website design”) to trick consumers into purchasing products in order to enter...more

Manatt, Phelps & Phillips, LLP

Crocodile Crock: FCC Issues Two Fines in a Week for Violations of Its Contest Rules

Manatt, Phelps & Phillips, LLP on

The Federal Communications Commission’s (FCC) Enforcement Bureau last week issued two fines, one for $6,000 and another for $5,200, for violations of its contest rules, as two sweepstakes were not conducted as advertised. ...more

BCLP

ECJ Issues First Cookie Decision After GDPR

BCLP on

On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

Verrill

The Year in Lawsuits

Verrill on

2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing...more

Verrill

You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)

Verrill on

On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more

McDermott Will & Emery

FCC Updates Contest Rule to Provide Flexibility to Meet Disclosure Requirements

McDermott Will & Emery on

Radio and television stations, as well as their audiences, have reason to celebrate. Last week, the Federal Communications Commission (FCC) announced significant updates to its regulations regarding the disclosure of material...more

Kelley Drye & Warren LLP

Wait, What Did They Just Say? FCC Provides More Flexibility to Broadcasters for Disclosure Requirements in its Contest Rule

Kelley Drye & Warren LLP on

On September 17, 2015, the FCC released a Report and Order with a long-awaited update to the Contest Rule that gives broadcasters substantially more flexibility as to the medium they choose to announce rules for contests (a...more

Gray Reed

You’ve Looked At My Site And Now You Have Waived Your Right To Sue Me. Is That Legal?

Gray Reed on

I’ll admit, General Mills did not go that far. What they did, according to The New York Times was notify customers that if they downloaded a coupon, joined a forum or entered a sweepstakes, the customer would waive their...more

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