Legal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC Commissioner
Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump's removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held that the case was squarely controlled by Supreme Court precedent in Humphrey's Executor. The D.C. Circuit decision upheld the district court's ruling in July and sets the stage for the Supreme Court to determine whether to uphold or overrule long-standing precedent regarding removal protections for "independent" executive agencies.
Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in Texas
Texas's amended telemarketing registration law takes effect on September 1. Although the law is not new, the legislature expanded it to apply to text messages. Under Texas's existing law, a company that makes telephone solicitations to or from Texas must obtain a registration certificate for each business location where it makes those telephone solicitations. Until now this requirement applied to outbound calls, but beginning September 1 it will also apply to outbound marketing text messages.
Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama
Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that influencers had posted content promoting the company without adequately disclosing their material connections, such as payment.
Federal Courts Split on 'Server Test' in Copyright Infringement Cases Involving Embedded Images
Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the "server test," established by the Ninth Circuit to insulate website owners from copyright infringement liability absent direct copying and storage of infringing website materials on the defendant's own server.