Author Archives: Jay Butchko
Leadsmarket Faces TCPA Class-Action Lawsuit
Leadsmarket, which describes itself as “the leading marketplace for consumer loans leads”, is facing a TCPA class-action lawsuit. TCPA Lawsuits against lead gen marketplaces have traditionally been fairly rare. However, a recent case that pitted plaintiffs against QuoteWizard resulted in QuoteWizard being held liable for sending unsolicited text messages under the TCPA. Plaintiffs have… Read More »
Ohio Used Car Dealership Sued By AG For Failure To Deliver Titles To Customers
A used car dealership in Akron, Ohio allegedly violated state consumer protection laws when it failed to deliver the vehicle titles to dozens of car buyers, according to a new lawsuit filed by Ohio Attorney General Dave Yost. According to the lawsuit, Yost’s office received 114 complaints concerning the failure to deliver the titles… Read More »
Plaintiff Sues Facebook For Unwanted Text Messages In Facebook Inc. V. Duguid
The Telephone Consumer Protection Act of 1991 is a piece of legislation that protects consumers from unwanted, harassing, or abusive telephone communications. Decisions in the past have held that text messages qualify under the TCPA and plaintiffs who received unwanted text messages can file lawsuits. However, there are very specific provisions under the TCPA… Read More »
OpenAI Accuses New York Times Of “Hacking” ChatGPT To Produce Copyrighted Materials
One of the largest newspapers in the world is accusing one of the most popular generative AI apps of producing copyrighted materials. The New York Times alleges that ChatGPT was trained on their newspaper articles and produces content that is similar or identical to copyrighted material. At present, ChatGPT has won most of the… Read More »
FCC Issues Guidelines For Illegal Robocalls
The TCPA (Telephone Consumer Protection Act) is a robust piece of legislation that holds businesses accountable for illegal robocalls. Robocalls are made with an auto-dialer or contain a message made with a prerecorded or artificial voice. Advances in AI technology have made it more difficult to discern artificial voices from human ones, but any… Read More »
Recent Court Decisions Offer Insight Into U.S. Copyright Law
A recent spate of copyright infringement lawsuits has provided further insight into U.S. copyright law. When and how, for instance, is a tattoo design copyrightable? Can a tattoo artist sue a videogame if his designs appear in the videogame? These are questions that an Ohio federal judge was required to answer in 2024 when… Read More »
Monster Energy Drink Files Trademark Infringement Lawsuit Against Local Restaurant
Monster Energy Company recently filed a lawsuit against a local Ohio restaurant for trademark infringement. The suit was filed March 9, 2023 in the United States District Court for the Northern District of Ohio. According to Monster Energy, The Monster Shawarma, a restaurant located in Toledo, “has sold and is offering for sale goods… Read More »
New Federal Law Informs Consumers About High-Volume Sellers In Major Online Marketplaces
Congress recently passed a new federal law that took effect in June 2023. The law requires major online marketplaces such as Amazon and eBay to provide consumers with more information about some of their most active sellers. The INFORM Consumers Act (which stands for Integrity, Notification, and Fairness in Online Retail Marketplaces) requires sites… Read More »
What Constitutes An “Unconscionable” Business Practice Under The CSPA?
The CSPA (The Ohio Consumer Sales Protection Act) is a piece of legislation that defines whether or not certain business practices are legal, what sorts of claims businesses can make in their advertisements, and outlines the legal remedies available to consumers when the provisions of this law are violated by Ohio businesses. It is… Read More »
How Does The State Attorney General Aid In Consumer Protection Laws?
The Office of the State Attorney General has a Consumer Protection Section that investigates and occasionally prosecutes crimes committed by businesses against consumers. The Office is broken up into four divisions: Economic crimes, charities, antitrust crimes, and elder justice. Their mission is to enforce laws that prohibit unfair and deceptive business practices. These include… Read More »