February 2017 - Klein Moynihan Turco

FTC Settles Deceptive Advertising Lawsuit against Operators of Online “High School”

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

February 27, 2017 Two weeks ago, the Federal Trade Commission (“FTC”) announced multi-million dollar settlements with the operators of two online “high schools.” According to a complaint filed by the FTC last year, Capitol Network Distance Learning Programs and Stepping Stonez Development, LLC, along with their respective principals (collectively, the “Defendants”), falsely advertised that their […]

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Vermont Vapor Up in Smoke for Allegedly Deceptive E-Cig Marketing Practices

2 Comments / Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

February 16, 2017 Last week, Vermont Vapor, Inc. (“Vermont Vapor”) announced that the Vermont Attorney General’s Office is seeking $50,000 in penalties in connection with Vermont Vapor’s e-cig marketing practices. How can e-cig manufacturers and related marketing affiliates avoid problems with regulators?

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Mississippi Advances Fantasy Sports Regulations

TTB Licenses and Regulations: How a Craft Brewery Lawyer Can Help

Journal, Trademark & Copyright Law / David Klein

February 15, 2017 Craft brewers applying for a permit/license or other approval from the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) can minimize delays, complication and confusion by working closely with a brewery lawyer throughout the application and brewery planning process. How can a brewery lawyer help keep craft breweries on

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FTC and State of New Jersey Settle Consumer Privacy Claims with VIZIO

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

February 13, 2017 On February 6, 2017, the Federal Trade Commission (“FTC”) announced that it, along with the New Jersey State Attorney General, has reached a $2.2 million consumer privacy settlement with VIZIO, Inc. (“VIZIO”), one of the world’s largest manufacturers of Internet-connected “smart” televisions. According to the underlying complaint, in 2014 VIZIO began manufacturing

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Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

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

February 7, 2017 A recent Spokeo-based challenge to a plaintiff’s standing in a Telephone Consumer Protection Act (“TCPA”) lawsuit was denied by a federal court in the Northern District of Illinois. With the denial of the motion to dismiss, the TCPA lawsuit, which involves allegations that a debt collector’s use of an automatic telephone dialing

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One More Reason to Call a Sweepstakes Lawyer

Leave a Comment / Blog, Journal, Sweepstakes & Gaming Law / David Klein

Last month, an Ohio federal district court refused to dismiss a putative class action lawsuit filed against Foot Levelers, Inc. (“Foot Levelers”) concerning the orthotics maker’s sweepstakes sponsorship and marketing practices, reinforcing the importance of consulting an experienced sweepstakes lawyer when formulating and/or sponsoring a promotional contest or sweepstakes. How can a sweepstakes lawyer help

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Spectrum Facing Consumer Fraud Lawsuit Over Wireless Internet Speed Claim Practices

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

February 3, 2017 The Office of the Attorney General for the State of New York (“NYAG”) has filed a consumer fraud complaint against Charter Communications, Inc. and Spectrum Management Holding Company, LLC (“Spectrum”) for deceptive practices in connection with its wireless Internet services. The suit seeks, among other relief, disgorgement, restitution on behalf of consumers,

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