November 2017 - Klein Moynihan Turco

Fast Food Chain Hit with Class Action Text Message Lawsuit

Blog, Journal, Telemarketing Law / David Klein

November 27, 2017 Earlier this month, a putative class action text message lawsuit was filed in a Chicago federal district court against Checkers Drive-In Restaurants, Inc. (“Checkers”) and its affiliate mobile marketer, alleging violations of the Telephone Consumer Protection Act (“TCPA”). Why should sellers and mobile marketers ensure that their text messages are TCPA compliant?

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Online Lingerie Marketer Settles Negative Option Lawsuit With FTC

Journal / David Klein

November 22, 2017 The Federal Trade Commission (“FTC”) has announced that online lingerie marketer AdoreMe, Inc. (“AdoreMe”) has settled claims alleging that its deceptive negative option enrollment and cancellation practices violated both Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act. The underlying complaint in the negative option lawsuit alleged improper

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Class Action Lawsuit over Asahi Beer Labels Lives On

Journal, Trademark & Copyright Law / David Klein

November 17, 2017 Last month, a federal district court in Los Angeles refused to dismiss a putative class action lawsuit filed against Asahi Beer U.S.A., Inc. (“Asahi”) amidst allegations that the brewery’s Asahi Super Dry beer labels are deceiving consumers. How can a brewery lawyer help keep craft breweries on schedule and legally compliant?

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Connecticut Takes Major Step Towards Fantasy Sports Legalization

Journal / David Klein

November 14, 2017 After months of struggling under the weight of competing interests, Connecticut’s Governor recently signed into law a State budget that includes provisions for the legalization and regulation of daily fantasy sports. Those in the industry should view this development as a welcome surprise, as it had long been anticipated that the prolonged

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Coachella, Trademark Lawyers Want “Filmchella” Organizer Held in Contempt

Journal, Trademark & Copyright Law / David Klein

November 13, 2017 Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival’s producer, Goldenvoice, LLC (collectively, “Coachella”), asked a Los Angeles federal district court to hold a would-be film festival organizer in contempt of court for purportedly refusing to comply with Coachella’s previously granted motion for preliminary

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SEC Issues Warning to Social Media Influencers Endorsing Cryptocurrencies

Blog, Internet Law, Journal, Online Gambling Law, Online Marketing & Advertising Law / David Klein

November 8, 2017 Last week, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) issued a statement questioning the marketing practices of certain cryptocurrency companies and the celebrities and social media influencers who endorse their virtual currencies. What should influencers know about the SEC’s recent warning?

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Fantasy Sports Lawyer Analysis of Pennsylvania’s New Daily Fantasy Sports Law

Journal / David Klein

November 2, 2017 Pennsylvania recently became the 17th state to legalize paid-entry fantasy sports contests when Governor Tom Wolfe signed a bill into law that also includes provisions for poker and other casino-style games. The law includes important regulations for fantasy sports operators that wish to do business in the Commonwealth. What are Some Key

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