InfoCision, Inc., an Akron, Ohio-based company, agreed last month to pay a $250,000 civil penalty and implement recordkeeping and monitoring practices to settle Federal Trade Commission (“FTC”) charges brought by the Department of Justice on the FTC’s behalf. The FTC alleged that since at least 2013 InfoCision conducted hundreds of telemarketing campaigns on behalf of charitable organizations that violated the FTC’s Telemarketing Sales Rule (“TSR”).  View Full Post
A New York District Court dismissed the complaint of Anna Wurtzburger against fast food staple KFC over the size of KFC’s $20 “fill up” bucket. Wurtzburger alleged she purchased KFC’s “fill up” bucket meal advertised as consisting of “an eight piece bucket of chicken,” relying on the advertisement’s depiction of a bucket that may have appeared to be overflowing with chicken.  View Full Post
Judge Edward J. Davila of the Northern District of California recently administered the coup de grâce to an expansive multidistrict litigation over Facebook’s data use policy filed in 2012. The plaintiffs alleged that Facebook’s data use and privacy policy violated the federal Wiretap Act, the Stored Communications Act, California’s Invasion of Privacy Act, California consumer protection statutes, and common law, seeking over $15 billion in damages and injunctive relief.  View Full Post
Luxury fitness chain Equinox recently announced that it will be debuting its first fitness-oriented hotel in New York City in 2019, with additional sites planned for Los Angeles and other major cities. Certainly aware of this announcement was the San Francisco-based hotel company Equinox Hotel Management Inc., which already has existed in the hotel industry for years under its EQUINOX-formative trademarks.  View Full Post
Last month, U.S. Customs and Border Protection (“CBP”) published its final determination that the country where raw green coffee beans are roasted—not necessarily grown—is their country of origin for the purpose of government procurement.  It based this decision on the grounds that roasting raw green coffee beans renders them “substantially transformed” into a new article of commerce under the Trade Agreements Act of 1979.  View Full Post