June 2014 - Page 2 of 3 - Klein Moynihan Turco

Wait – I Got Prior Express Written Consent to Call! I May Still be Violating the TCPA?

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

So you think you know the Telephone Consumer Protection Act (“TCPA”) inside and out – and you have put all of the pieces in place to comply with its regulations. You ensure that you – and any company working on your behalf – have prior express written consent before placing marketing calls to consumers’ landline […]

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What to Do When You Are the Victim of Data Theft

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

How Data Theft Occurs In today’s digital world, the theft, copying or destruction of your databases, customer lists or trade secrets is often as simple as pushing a button. We see this often when competitors hack into databases or use third parties posing as customers to exceed their limited license to access a business’s database.

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US Supreme Court Allows POM Wonderful’s Deceptive Labeling Litigation Against Coca-Cola to Proceed

1 Comment / Journal / David Klein

#178544320 / gettyimages.com On June 12, 2014, the United States Supreme Court overturned a ruling of the Ninth Circuit Court of Appeals and allowed POM Wonderful LLC (‘POM”) to proceed in its deceptive labeling litigation against the Coca-Cola Company (“Coca-Cola”). The lawsuit concerns Coca-Cola’s Minute Maid brand “pomegranate blueberry” drink that, despite the presence of

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Best Buy Forced to Settle a TCPA Class Action Lawsuit for $4.5M

Leave a Comment / Journal / David Klein

Best Buy Co., Inc. (“Best Buy”), one of the largest electronics retailers in the country, is the latest business forced to settle an action brought pursuant to the Telephone Consumer Protection Act (“TCPA”). According to the settlement agreement reached with the Federal Communications Commission (“FCC”), Best Buy has agreed to pay over $4.5 million in

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Telecommunications Service Providers: Do you Need an FCC International Section 214 License?

Leave a Comment / Journal / David Klein

All providers of telecommunications services (regardless of whether they are domestic or international carriers) that provide international outbound services to the general public from the United States to any foreign destination must obtain the prior approval of the Federal Communications Commission (“FCC”) before offering or providing such services.

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FTC Secures Settlement in Deceptive Mortgage Advertising Suit

Leave a Comment / Journal / David Klein

On June 6, 2014, the United States District Court for the Eastern District of Pennsylvania entered a Stipulated Order for Permanent Injunction and Civil Penalty Judgment (the “Order”) against Heritage Homes Group, Inc. and a number of related companies (“Heritage”) and in favor of the Federal Trade Commission (“FTC”). The FTC alleged in a complaint

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Major Supplement Marketers Settle FTC Deceptive Advertising Lawsuit

Leave a Comment / Journal / David Klein

#109912549 / gettyimages.com Two major supplement marketers, I-Health, Inc. and Martek Biosciences Corporation (“Defendants”), have agreed to the terms of an administrative settlement with the Federal Trade Commission (“FTC”), which will bar them from making further unsubstantiated claims about the dietary and cognitive supplements they advertise and sell to consumers. The settlement agreement with the

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Federal Court of Appeals Upholds Injunction Against Multi-Level Marketing Business

Leave a Comment / Journal / David Klein

On June 2, 2014, the United States Court of Appeals for the Ninth Circuit upheld a permanent injunction awarded to the Federal Trade Commission (“FTC”) against multi-level marketer BurnLounge, Inc. The injunction, issued by the district court in 2012, barred BournLounge from continuing its business operations. The Court upheld the district court’s ruling that BurnLounge

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