Consent Defeats Wiretapping Claims
February 9, 2026
As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to
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KMT is my go to outside counsel for advice on promotional marketing, privacy, sweepstakes/gaming, TCPA/TSR and many other areas impacting our business. Their specialized industry knowledge in our space is second to none. They are responsive and provide practical advice that reflects a depth of knowledge and industry expertise. They are also my go to defense counsel for TCPA litigations and other matters. With an aggressive, take no prisoners approach and subject matter expertise, their litigation team has compiled an enviable track record in shutting down these cases. And they have provided invaluable advice and assistance dealing with regulators. In short – highly recommended.
As our company began to exponentially grow, I knew we needed to re-examine the law firm we were aligned with. Running a large, dynamic, digital advertising agency is not easy, and having the right outside counsel is very important to our success. KMT’s attorneys have proven themselves to be at the forefront of the digital advertising industry, and their reputation preceded them as such. Once engaged, we found their proactive approach to handling all industry matters for us to be quite refreshing as well as valuable. Knowing we have them on our team provides us with the comfort backstop we need to know we are making good business decisions and that we will be able to continue to grow our business.
We have used KMT for all of our sweepstakes and promotion-related needs for over a decade. KMT is an invaluable resource for sweepstakes contest rules drafting, promotion marketing review and general state and federal regulatory compliance advice. They give practical, rational and effective guidance. KMT is an industry leader in this space and to proceed with a contest promotion without their guidance would be a risky proposition. I highly recommend them.
I'm very happy with the legal representation I received from Klein Moynihan Turco LLP. When I had a legal dispute with a company owned by the world's largest online retailer, other law firms were afraid to take the matter on. But KMT not only went to bat for me, KMT also got me the results I wanted.
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CEMA Email Litigation Update
January 28, 2026
As our readers know, Washington’s Commercial Electronic Mail Act (“CEMA”) has become a fertile battleground for lawsuits involving CEMA email claims. Below, we discuss a complaint alleging CEMA email claims against a leather goods company and what you should do in the event that you become the target of a
Favorable CIPA Wiretapping Claim Decision
January 26, 2026
As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers’ data continue unabated. Below, we discuss a recent favorable ruling dismissing California Invasion of Privacy Act (“CIPA”) wiretapping claims against an e-commerce company. California Federal Court Dismisses Wiretapping Claim In Briskin v. Shopify Inc., Plaintiff asserted, among other things, illegal wiretapping claims against Shopify in violation of CIPA. While purchasing fitness apparel from a Shopify merchant, Plaintiff claimed that Shopify wiretapped
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