May 2015 - Klein Moynihan Turco

Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry”

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

May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC […]

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College Settles FTC Deceptive Advertising Lawsuit

22 State AGs Settle Data Passing to Negative Option Marketer Claims for $11 Million

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

May 28, 2015 Attorneys General from 22 states reached agreement with Classmates, Inc., Florists’ Transworld Delivery, Inc. and FTD.com (the “Settling Parties”) to settle allegations that the Settling Parties sold consumer information to negative option marketers. Of the $11 million settlement sum, $8 million will be paid by the Settling Parties directly to the various

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Licensing Journal Features Article by KMT’s David Klein and Joshua Wueller

Leave a Comment / Blog, Publications, Trademark & Copyright Law / David Klein

Intellectual Property Concerns for Sponsors of Promotional Contests and Sweepstakes Marketers are always looking for more effective ways to entice consumers, with the goal to build a brand and sell more products and services. Long ago, armed with the knowledge that people enjoy winning prizes, savvy promoters began offering promotional contests and sweepstakes, which encourage

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Telemarketers, Payment Processor to Pay $1.7 Million to FTC

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

May 26, 2015 Last Tuesday, a federal court in Orlando issued its final order in a years-long legal battle between the Federal Trade Commission (the “FTC” or “Commission”), a number of telemarketers and their payment processor. The ruling follows an order late last year that granted the Commission’s motion for summary judgment against all remaining

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Manufacturer Not Vicariously Liable for Distributor TCPA Violations

Leave a Comment / Blog, Journal, Telemarketing Law, Trademark & Copyright Law / David Klein

May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable

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Illegal Lottery Lands Ironman Triathlons in Hot Water

Lead Generators: What to do When You Receive a TCPA Subpoena

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

May 21, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly recently, with several thousand cases filed in each of the past several years. Typically, TCPA actions are brought against businesses which contact customers or potential customers via text, telephone or facsimile (“Advertisers”), or against companies that send the

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