Good News (finally) for Outbound Telemarketers

In three separate cases filed under the Telephone Consumer Protection Act (TCPA), one federal appeals court and two district courts recently held that companies that use autodialing equipment to contact consumers who reach someone other than the intended recipient of the call can nevertheless rely on the TCPA’s statutory exemptions to the general prohibition against […]

False Advertising: General Mills Dodges a Bullet

Just because a box says “Blueberry” doesn’t mean it actually has any blueberries. In the recent case of Dvora v. Gen. Mills Inc., a federal court in California dismissed putative class claims brought against General Mills Inc. alleging that the company falsely claimed that its Total Blueberry Pomegranate® cereal product contained real fruit. The Plaintiffs […]

Hell Hath No Fury Like an Agency Scorned: FCC proposes increased fines for junk faxes.

On June 1, 2011, the Federal Communications Commission (“FCC”) issued a Notice of Apparent Liability (“NAL”) proposing a $315,000 fine against The Street Map Company for unsolicited “junk” fax advertisements. The FCC and the TCPA The FCC imposing fines for junk faxing is nothing new.   The Telephone Consumer Protection Act of 1991 (“TCPA”) was enacted […]

Is Fiji Trying to Fool You?

On May 26, 2011, a California court ruled on the legal sufficiency of a complaint alleging false and deceptive advertising brought by class action attorneys under California’s consumer protection laws. The case was brought against Fiji Water Company, by a plaintiff alleging that Fiji used the image of a green drop of water on the […]