August 2014 - Page 2 of 3 - Klein Moynihan Turco

Daily Fantasy Sports Games Proliferate: USA Today and Sports Illustrated Suit Up

Daily Fantasy Sports Games in the USA? As discussed numerous times on this site, the legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, varies state by state, and can be considered illegal gambling under certain circumstances, depending on the jurisdiction. While there is an exemption under federal […]

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Attorneys General for 29 States Petition FDA to Adopt E-Cig Marketing Regulations

Leave a Comment / Journal / David Klein

As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year. Last week, 29 state attorneys general submitted a letter to the FDA urging the agency to adopt additional regulations that would better protect minors from the harms associated with use of tobacco

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Facebook Issues New Rules for Mobile App-Based Sweepstakes Entries

Leave a Comment / Journal / David Klein

Do You “Like” Facebook Sweepstakes Entries? Sweepstakes sponsors have, for many years, required prospective sweepstakes entrants to “like” those sponsors’ Facebook pages in order to access the applicable sweepstakes entry pages (or as a means to enter the Sweepstakes themselves). This practice is commonly referred to as “like-gating,” and can be an effective way to

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Enforcing The Canada Anti-Spam Legislation (CASL) Against U.S. Companies

Leave a Comment / Journal / David Klein

Perhaps the most frequent question we hear from our clients and readers is whether the Canada Anti-Spam Legislation (“CASL”) can be enforced against U.S. businesses. The short answer is that, depending upon the circumstances, CASL can be enforced not only against U.S. businesses, but their officers, directors and agents as well. What is Canada’s Anti-Spam

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Mobile Marketing Principal Settles Cramming Lawsuit for $97 Million

Leave a Comment / Journal / David Klein

In June, we informed you of the Federal Trade Commission’s (“FTC”) settlement with mobile marketer Tatto, Inc. and other third-party entities. (See Mobile Marketing Companies Settle FTC Mobile Cramming Lawsuit for $150 Million). The FTC has now settled its claims against Tatto’s principal, Andrew Bachman. In total, the settlement with Mr. Bachman is a whopping

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FTC Issues Report and Guidelines for Mobile Shopping App Developers and Consumers

Leave a Comment / Journal / David Klein

The Federal Trade Commission (“FTC”) recently issued a report on mobile shopping apps, which follows a case study of many different shopping-related apps that are currently available to consumers. The report provides recommendations to the companies that provide such apps and to the consumers that use them, with a focus on the privacy and security

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Capital One Settles Record Shattering TCPA Lawsuits for $75M

27 Comments / Blog, Journal, Telemarketing Law / David Klein

Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively the “Defendants”) have agreed to pay one of the largest Telephone Consumer Protection Act (“TCPA”) settlement amounts in history. According to the settlement agreement, the Defendants have agreed to pay

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Daily Fantasy Sports Games: MLB Steps Up to the Plate

Leave a Comment / Journal / David Klein

Early Innings for Fantasy Sports The legality of fantasy sports contests that require an entry fee, and that pay out cash prizes, vary state by state, and can be considered illegal gambling under certain circumstances and in certain jurisdictions. Notwithstanding the foregoing, there is an exemption under federal law (the 2006 Unlawful Internet Gambling Enforcement

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