February 2014 - Klein Moynihan Turco

Supreme Court Declines Review of “Gambling is a Game of Skill” Internet Poker Ruling

Leave a Comment / Blog, Internet Law, Journal, Online Gambling Law / David Klein

In September, 2012, we blogged about the federal district court ruling in United States v. DiCristina. (See Federal Judge Rules “Texas Hold‘em” is Game of Skill, Not “Gambling” Under Illegal Gambling Business Act). The case involves a defendant arrested and charged with violating the federal Illegal Gambling Business Act (“IGBA”) for running a game of […]

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Nevada and Delaware Reach Historic Online Poker Partnership and Other Gaming News

Leave a Comment / Journal / David Klein

Nevada and Delaware Interstate Online Poker Compact We previously detailed the passage of an amendment to Nevada’s online poker law that allowed Nevada’s governor to reach agreements to create joint player pools with residents of other states. Despite having the authority to enter into such interstate online poker compacts for almost one year, no agreement had yet been

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Playing Fantasy Sports for Money: Staying Penalty Free

Leave a Comment / Journal / David Klein

Looking for the Rulebook The rules pertaining to fantasy sports contests that require an entry fee, and that pay out cash prizes, vary by jurisdiction, and the legality of such fantasy sports contests is often determined by various features of the contests themselves. In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act

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California Court Defines “Prior Express Consent” under the TCPA

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

A United States District Court for the Central District of California recently ruled that a plaintiff who provided her telephone number to purchase an airline ticket gave “prior express consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) to be contacted by or on behalf of the airline. The action involved an airline

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More Data Brokers Targeted in Senate Commerce Committee Investigation

Leave a Comment / Blog, Data & Privacy Law, Journal / David Klein

Senate Commerce Committee Chairman Jay Rockefeller recently expanded his investigation into the data broker industry, focusing specifically on the compilation and sale of products that identify consumers based on their financial vulnerability or health status. Rockefeller initially launched the investigation in October 2012 to uncover how consumers’ personal information was being collected, shared and used.

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California v. Overstock.com: A Cautionary Tale about Comparative Advertising

Leave a Comment / Journal / David Klein

On January 3, 2014, the Superior Court of the State of California issued a tentative ruling and proposed statement of decision, finding that the online merchant Overstock.com had made untrue and misleading comparative advertising claims in connection with the pricing of its products. District attorneys from seven separate California counties initiated the lawsuit against Overstock.com

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Iowa and Arizona May Soon Legalize Fantasy Sports

2 Comments / Journal / David Klein

Iowa Fantasy Sports Bill Approved by Senate Subcommittee In a previous post, we detailed the developments of Iowa’s newly-proposed fantasy sports bill that is currently assigned to an Iowa State Senate subcommittee for approval. Unlike the previous incarnation of the fantasy sports bill, which died within a Senate subcommittee, the current bill was approved by

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Alleged Text Message Spammer Settles with FTC

Leave a Comment / Journal / David Klein

The Federal Trade Commission (“FTC”) recently entered into a court-approved settlement agreement with Jason Q. Cruz, individually and doing business as Appidemic, Inc., who was accused of transmitting unsolicited commercial text messages offering consumers free merchandise, including $1,000 gift cards to large retailers and iPads. According to the FTC, none of the merchandise actually was

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