January 2018 - Klein Moynihan Turco

Have You Been Sued by Camp Drug Store for Alleged Fax TCPA Violations?

Blog, Journal, Telemarketing Law / David Klein

January 29, 2018 Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”). The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) – […]

Have You Been Sued by Camp Drug Store for Alleged Fax TCPA Violations? Read More »

Massachusetts to Tax Fantasy Sports?

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

January 26, 2018 New omnibus gaming legislation has been introduced to the Massachusetts State Senate which, if enacted, will significantly affect fantasy sports operators conducting business in the Commonwealth. Introduced with an eye towards preparing for potential legalized sports gambling in the event that New Jersey prevails in its fight against the Professional and Amateur

Massachusetts to Tax Fantasy Sports? Read More »

Website Accessibility and the ADA? The DOJ Won’t Weigh In.

Blog, Internet Law, Journal / David Klein

January 25, 2018 Over the last two years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act (“ADA”) concerning issues involving website accessibility. These lawsuits have often involved the vision and hearing impaired and concern whether certain websites impermissibly lack assistive technologies for those types of disabilities. The Internet community

Website Accessibility and the ADA? The DOJ Won’t Weigh In. Read More »

FTC Issues Report on Advertising Law Study

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

January 22, 2018 The Federal Trade Commission (“FTC” or “Commission”) recently released a 93-page report, which provides evidence lending support to the Commission’s current guidance on established advertising law. What are the key takeaways for native and search advertisers?

FTC Issues Report on Advertising Law Study Read More »

eHarmony Agrees to Settle Automatic Renewal Lawsuit

Journal / David Klein

January 18, 2018 On January 8, 2018, eHarmony, Inc. (“eHarmony”), one of the largest online dating services in the United States, agreed to settle an automatic renewal lawsuit brought by the District Attorneys of four California Counties, as well as the City of Santa Monica (collectively “the State”). The final judgment was entered by the

eHarmony Agrees to Settle Automatic Renewal Lawsuit Read More »

FTC Issues Guidance on Legal Multi-Level Marketing

Blog, Data & Privacy Law, Journal / David Klein

January 10, 2018 Last week, the Federal Trade Commission (the “FTC” or “Commission”) released legal multi-level marketing (“MLM”) guidance for direct sellers, providing important practice insights for those that follow the space. What are the key takeaways for MLMs?

FTC Issues Guidance on Legal Multi-Level Marketing Read More »

TCPA Class Action Fax Lawsuit

Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

January 5, 2018 On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc. (d/b/a “Health-Scripts”), a healthcare company offering network opportunities, and Janssen Pharmaceuticals, Inc. (“Janssen”), a pharmaceutical company that markets a type 2 diabetes

TCPA Class Action Fax Lawsuit Read More »

Ohio Enacts Fantasy Sports Legislation

Journal / David Klein

January 4, 2018 Shortly before the end of 2017, Ohio governor John Kasich signed into law fantasy sports legislation that expressly legalizes and regulates fantasy sports contests and their operators within the State. What are some notable provisions of Ohio’s fantasy sports law?

Ohio Enacts Fantasy Sports Legislation Read More »